******************************************************** 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 ) ) PC Fixx, Inc. ) NAL/Acct. No. 315ST0014 d/b/a PC Fixx Clearance Center ) ) ) ) ) ORDER Adopted: September 30, 1997 Released: October 10, 1997 By the Commission: 1. Pending before the Commission is an application for review filed by PC Fixx, Inc., seeking review of an Order by the Compliance and Information Bureau that affirmed a forfeiture in the amount of $16,000 against PC Fixx Clearance Center. 9 FCC Rcd 2056 (1994) (Order). In its Order, the Bureau affirmed the Notice of Forfeiture assessed by the Seattle Field Office for violations of Section 302 of the Communications Act of 1934, as amended, (Act) 47 U.S.C.  302, and Section 2.803 of the Commission's rules for marketing unauthorized equipment. PC Fixx Inc. contends that the Bureau erred in its Order by not reviewing all of the facts at issue. In addition, PC Fixx, Inc. contends that the forfeiture is excessive because it had no record of previous violations, it had been operating for only a brief period of time before the Notice of Apparent Liability was issued, and other entities have received smaller forfeitures for similar violations pursuant to the Commission's 1993 Forfeiture Policy Statement. 8 FCC Rcd 6215 (1993). Moreover, PC Fixx, Inc. noted that it went out of business on May 1, 1994. For these reasons, PC Fixx Inc. seeks mitigation or cancellation of the forfeiture. 2. The Commission has verified that PC Fixx, Inc. is no longer a business entity. In the circumstances, and given the time that has elapsed since the issuance of the Notice of Apparent Liability in 1993, the Commission declines further prosecution of this case. 3. ACCORDINGLY, IT IS ORDERED that the Forfeiture Order issued to PC Fixx, Inc. IS CANCELLED and the Application for Review filed by PC Fixx, Inc. IS DISMISSED AS MOOT. 4. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return-receipt requested, to counsel of record for PC Fixx, Inc. at the time it filed the instant Application for Review. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary