******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Fortune News Industrial Limited ) NAL Acct. No. 415HF0001 Kowloon, Hong Kong ) ) Liability for a Forfeiture ) ) NOTICE OF FORFEITURE Adopted: June 6, 1997 Released: June 10, 1997 By the Chief, Compliance Division: I. INTRODUCTION 1. This is a Notice of Forfeiture issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C.  503(b), and Sections 1.80 and 2.946 of the Commission's Rules, 47 C.F.R.  1.80, 2.946, to Fortune News Industrial Limited (Fortune). Fortune willfully violated Section 2.936(a) of the Commission's Rules, 47 C.F.R.  2.936(a), by failing to provide a requested test sample of equipment marketed under FCC Identifier IQ2K-62001A. For the reasons noted below, we are assessing the $4,000 forfeiture set forth in the Notice of Apparent Liability. II. BACKGROUND 2. On March 25, 1993, and again on May 27, 1993, the Authorization and Evaluation Division of the Commission's Office of Engineering and Technology (OET) requested inspection of one sample of the land mobile transmitter authorized to be marketed under Equipment Authorization Identifier (FCC ID) IQ2K-62001A. Fortune was asked to mail the sample to the Commission's Laboratory in Columbia, Maryland. 3. On June 15, 1993, OET received a response from Fortune to the March 25, 1993, request advising that it had no units which it could make available. Fortune asked for an extension of time to submit the sample and promised to provide the sample from a scheduled July 28, 1993, production run. On June 23, 1993, OET replied advising that it would accept shipment of the requested sample at the end of July 1993. No sample was received. The OET reiterated its request on May 27 and June 23, 1993, but Fortune did not respond to these communications. 4. On March 23, 1994, a Notice of Apparent Liability for Monetary Forfeiture (NAL) was sent to Fortune proposing a $4,000 penalty for violating Section 2.936(a) of the Commission's Rules by failing to provide the test sample of equipment for inspection as requested. No response to the NAL was received. III. DISCUSSION 5. Each grant of equipment authorization is conditioned upon the grantee providing to the Commission, on request, a sample or samples for inspection of the equipment for which the authorization is granted. Section 2.946(a) of the Commission's Rules provides for a forfeiture penalty for failure to comply with a request for submission of equipment for inspection. Fortune did not submit the sample requested by OET and, as noted above, did not respond to the May 27 and June 23, 1993, communications reiterating the request for a sample of the equipment. Thus, we find that the violation was willful. 6. We have reassessed the amount of the forfeiture in light of the decision by the Court of Appeals for the District of Columbia, vacating the Commission's Forfeiture Policy Statement, see United States Telephone Ass'n v. FCC, 28 F. 3d 1232 (D.C. Cir. 1994). The forfeiture amount has been assessed in accordance with the criteria in Section 503(b)(2)(D) of the Act, 47 U.S.C. 503(b)(2)(D). Although this is Fortune's first violation of record, we have not made any reductions on this basis because Fortune ignored several Commission requests for production of the sample. We also find that Fortune's continuing failure to provide the requested sample indicates Fortune's lack of good faith and the unlikelihood of future compliance. In these circumstances, a forfeiture in the amount of $4,000 is warranted. IV. ORDERING CLAUSES 7. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act, 47 U.S.C.  503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, that Fortune News Industrial Limited is LIABLE FOR A MONETARY FORFEITURE in the amount of four thousand dollars ($4,000) for violating Section 2.936(a) of the Commission's Rules by failing to provide the requested sample of its type accepted transmitter for inspection. 8. IT IS FURTHER ORDERED, pursuant to Sections 1.80(f)(3) and (h) of the Commission's Rules, 47 C.F.R.  1.80(f)(3) and (h), that Fortune News Industrial Limited must pay the monetary forfeiture within thirty (30) days of the date of release of this order. Forfeitures shall be paid by check or money order drawn on a United States financial institution payable to the Federal Communications Commission. Payment may also be made by credit card with the appropriate documentation Please place NAL/Acct. 415HF0001 on the remittance and mail it to: Federal Communications Commission P. O. Box 73482 Chicago, IL 60673-7482 Forfeiture penalties not paid within 30 days will be referred to the U.S. Attorney for recovery in a civil suit. 47 U.S.C.  504(a). 9. IT IS FURTHER ORDERED that the Compliance and Information Bureau send by first class mail one copy of this Order to Fortune News Industrial Limited. FEDERAL COMMUNICATIONS COMMISSION Magalie R. Salas Chief, Compliance Division Compliance and Information Bureau BCC: via First Class Mail: Fortune News Industrial Limited Attention: Jackson Mak, Marketing Director Rm. 206, 2/F., Century Centre 44 Hung To Road, Kwun Tong Kowloon, Hong Kong Chief, Sampling and Measurements Branch, Authorization and Evaluation Division, OET Chief, Billings and Collections Branch, FMD