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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554



In the Matter of                   )
                         )    File No. EB-01-MA-014
CTI of Miami, Inc.                 )         
Miami, Florida                )    NAL/Acct. No.  
200232700005
                         )
                         )            FRN Number:  0006-
2332-82
                         )                                  
          

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

                                        Released: January 
                                        25, 2002

  
By the Enforcement Bureau, Miami Office:

                      I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we  find  that  CTI of  Miami,  Inc.  (``CTI'') 
apparently  violated   Sections  301   and  302(b)   of  the 
Communications  Act  of  1934, as  amended  (``Act''),1  and 
Section 2.803(a)(1) of the Commission's Rules,2 by operating 
an  unauthorized high-power  cordless telephone  without FCC 
authorization  and by  marketing an  unauthorized high-power 
cordless  telephone  (``Senao, SN258-Plus'').   We  conclude 
that CTI is apparently liable for a forfeiture in the amount 
of seventeen thousand dollars ($17,000).


                         II   BACKGROUND

     2.   On February 26, 2001 the FCC, Miami Office 
received a complaint from the Federal Aviation 
Administration (``FAA'') about sporadic interference 
affecting the frequency 133.85 MHz in the vicinity of the 
Miami, Florida international airport.  This frequency is 
authorized and used in the Miami area for air traffic 
control purposes. 

     3.   On March 7, 2001, the Miami Office resident 
agents, using direction finding techniques positively 
located the source of the sporadic interference to the FAA 
on 133.85 MHz. The interfering signal emanated from an 
antenna located on the roof of a two-story building at 4855 
NW 72nd Ave., in Miami, FL 33166.    Further investigation 
revealed that the source of the transmissions on 133.85 MHz 
was a Senao, Mod-SN258-Plus cordless telephone, operated by 
CTI at that address.  The FCC agents hand delivered a 
written warning of unlicensed radio operation to Mr. Hillel 
Bronstein of CTI.  The interfering transmissions ceased 
shortly thereafter.

     4.   On March 26, 2001, the Miami Office issued, via 
regular and certified mail, a Citation letter to CTI for 
violation of  Sections 301 and 302(b) of the Act, and 
Section 2.803(a)(1) of the Commission's Rules. The Citation 
letter notified CTI of the specific violations, warned CTI 
of the potential penalties resulting from any further 
violations, and offered the opportunity for a personal 
interview with the FCC.  The FCC Miami Office received a 
Postal Service Return Receipt signed on March 28, 2001, 
evidencing delivery of the Citation to CTI.  

     5.   On April 5, 2001, Mr. Hillel Bronstein responded 
to the Citation letter by telephone call to the FCC Miami 
Office and requested an appointment to meet with the FCC 
agents. Subsequently, on a letter received at the Miami 
Office on April 11, 2001, Mr. Hillel Bronstein requested a 
30 day extension to schedule a new appointment to meet with 
the FCC agents.  The request for the extension of time to 
respond was granted.

     6.   On April 18, 2001, agents from the FCC Miami 
Office visited CTI and observed that the store still had 
five unauthorized long-range cordless telephones on display.

     7.   On May 15, 2001 the Miami Office received a letter 
of response from CTI dated May 7, 2001.  That letter 
indicates that CTI regrets the interference caused to FAA 
and assures that they ``[n]o longer have telephones that 
operate on US FAA frequency.''

     8.   On July 26, 2001, an agent from the FCC Tampa 
Office visited CTI and observed that the store still had on 
display several unauthorized long-range cordless telephones.

     9.   On November 28, 2001, the Miami Office received a 
copy of an invoice dated June 1, 2001, sent to New Image 
Electronics from CTI Miami.  The invoice indicated that New 
Image Electronics purchased from CTI Miami three CT-600 CID 
long-range cordless telephones for a total of $ 735.00, and 
three OP-8810 CID-Optima long-range cordless telephones for 
a total of $795.00.

                         III  DISCUSSION

     10.  Section 301 of the Act states that  ``[n]o person 
shall use or operate any apparatus for the transmission of 
energy or communications or signals by radio... except under 
and in accordance with this Act and with a license in that 
behalf granted under the provisions of this Act.''3  Section 
302 of the Act authorizes the Commission to regulate 
equipment capable of emitting radio frequency energy that 
may cause interference to radio communications.  Section 
302(b) of the Act further states that ``[n]o person shall 
manufacture, import, sell, offer for sale, or ship devices 
or home electronic equipment and systems, or use devices, 
which fail to comply with regulations promulgated pursuant 
to this section.''4  Section 2.803(a)(1) of the Rules 
provides that ``[n]o person shall sell or lease, or offer 
for sale or lease, any radio frequency device unless: (1) In 
case of a device subject to certification, such device has 
been authorized by the Commission in accordance with the 
rules in this chapter and is properly identified and 
labeled...''5 CTI, as a marketer of the Senao, SN258-Plus 
cordless telephone, is responsible for ensuring that it is 
compliant with Commission rules.  CTI was notified in 
writing of these violations and warned about the penalties 
for unlicensed operation and marketing unauthorized devices, 
yet continued to market the unauthorized devices in 
violation of the Act and the Rules.6  

     11.  Based on the evidence before us, we find that CTI 
willfully7 violated Section 301 of the Act,8 and willfully 
and repeatedly9 violated Section 302(b) of the Act10 and 
Section 2.803(a)(1) of the Commission's Rules.11  Pursuant 
to Section 1.80(b)(4) of the Commission's Rules, the base 
forfeiture amount for unlicensed operation is $10,000 and 
the base forfeiture amount for marketing unauthorized 
equipment is $7,000.12  Section 503(b)(2)(D) of the Act 
requires us to take into account  ``...the nature, 
circumstances, extent, and gravity of the violation, and 
with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and other such 
matters as justice may require.''13  Considering the entire 
record and applying the statutory factors listed above, this 
case warrants a $17,000 forfeiture. 

                    IV   ORDERING CLAUSES

     12.  Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,14 and Sections 0.111, 0.311 and 
1.80 of the Commission's Rules,15  CTI, is hereby NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of 
seventeen thousand dollars ($17,000) for violating Sections 
301 and 302 of the Act16 and Section 2.803(a)(1) of the 
Rules.17

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Commission's Rules,18 within thirty days of the 
release date of this NOTICE OF APPARENT LIABILITY, CTI, 
SHALL PAY the full amount of the proposed forfeiture or 
SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     14.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the 
Federal Communications Commission, to the Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  
The payment MUST INCLUDE the FCC Registration Number (FRN) 
referenced above, and also should note the NAL/Acct. No. 
referenced above.                      .

     15.  The response, if any, must be mailed to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, S.W.  Washington, D.C. 20554, ATTN: Enforcement 
Bureau - Technical & Public Safety Division, and MUST 
INCLUDE the FRN and the NAL/Acct. No. referenced in the 
letterhead above. 

     16.  The Commission will not consider reducing or 
canceling a forfeiture in response to a claim of inability 
to pay unless the petitioner submits: (1) federal tax 
returns for the most recent three-year period; (2) financial 
statements prepared according to generally accepted 
accounting practices (``GAAP''); or (3) some other reliable 
and objective documentation that accurately reflects the 
petitioner's current financial status.  Any claim of 
inability to pay must specifically identify the basis for 
the claim by reference to the financial documentation 
submitted.

     17.  Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and Receivables Operation Group, 445 12th Street, 
S.W., Washington, D.C. 20554.19  

     18.  IT IS FURTHER ORDERED THAT a copy of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail Return 
Receipt Requested to CTI of Miami, Inc., at 4855 NW 72nd 
Avenue, Miami, Florida 33166.



     FEDERAL COMMUNICATIONS COMMISSION



     Ralph M. Barlow
     District Director
     Tampa Office
_________________________

1 47 U.S.C.  301 and 302a(b)
2 47 C.F.R.  2.803(a)(1) 
3 47 U.S.C.  301
4 47 U.S.C.  302a(b)
5 47 C.F.R.  2.803(a)(1)
6 Citation issued to CTI of Miami, Inc., on March 26, 2001
7 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``(t)he 
term `willful', when used with reference to the commission 
or omission of any act, means the conscious and deliberate 
commission or omission of such act, irrespective of any 
intent to violate any provision of this Act...'' See 
Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
8 47 U.S.C.  301
9 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2) which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.'' 
10 47 U.S.C.  302a(b)
11 47 C.F.R.  2.803(a)(1)
12 47 C.F.R.  1.80(b)(4)
13 47 U.S.C.  503(b)(2)(D)
14 47 U.S.C.  503(b).
15 47 C.F.R.  0.111, 0.311, 1.80.
16 47 U.S.C.  301 and 302a
17 47 C.F.R.  2.803(a)(1)
18 47 C.F.R.  1.80.
19 See 47 C.F.R.  1.1914.