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



In the Matter of                   )
                         )    File No. EB-01-MA-022
Electronics Unlimited              )         
Miami, Florida                )    NAL/Acct. No.  
200232700001   
                         )    

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

                                        Released: October 
23, 2001
                                                  

By the Enforcement Bureau, Miami Office:

                      I.   INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture,  we find  that Electronics  Unlimited apparently 
violated Section  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 marketing a non-compliant high-power 
cordless  telephone (``Alcon,  AT526'').   We conclude  that 
Electronics Unlimited is apparently  liable for a forfeiture 
in the amount of seven thousand dollars ($7,000).


                         II   BACKGROUND

     2.   On July 20, 2001, agents from the Enforcement 
Bureau's Miami Office visited Electronics Unlimited, a 
retail store located at 4995 N.W. 72nd Avenue, Suite 102, 
Miami, Florida 33166.  The agents observed several high-
power cordless telephones, such as the Alcon 3000, and the 
Alcon 7, on display.  The salesperson offered these units 
for sale. 

     3.   On August 24, 2001, the Miami Office issued via 
regular and certified mail a Citation letter to Electronics 
Unlimited for violation of Section 302(b) of the Act, and 
Section 2.803(a)(1) of the Commission's Rules.  A Postal 
Service Return Receipt was received at the FCC Tampa Office 
signed on August 27, 2001 by M. Cruz of Electronics 
Unlimited. 

     4.   On September 28, 2001, two FCC agents visited 
Electronics Unlimited for the second time and observed that 
several high-power cordless telephones were still on display 
at the store. The salesperson sold the agents an ``Alcon, 
Model AT-526, Long Range'' cordless telephone for $717.81.  
No documentation was requested by the salesperson to 
complete the transaction. 


                         III  DISCUSSION


     5.   Section 302 of the Act authorizes the Commission 
to regulate equipment capable of emitting radio frequency 
energy that may cause interference to radio communications.  
The Act further states that ``no 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.''  Section 2.803(a)(1) of the Rules provides that 
``no 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...'' Electronics 
Unlimited as a marketer of the Alcon, Model AT526 telephone, 
is responsible for ensuring that it is compliant with 
Commission Rules.  Electronics Unlimited was notified in 
writing, of its violation, warned about the penalties for 
marketing non-compliant devices, yet, continued to market 
the non-compliant device in violation of both Sections.3  

     6.   Based on the evidence before us, we find that 
Electronics Unlimited willfully4 and repeatedly5 violated 
Section 302(b) of the Act6 and Section 2.803(a)(1) of the 
Commission's Rules.7  Pursuant to Section 1.80(b)(4) of the 
Commission's Rules, the base forfeiture amount for the 
violation cited in this notice is $7,000.8  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.''9  
Considering the entire record and applying the statutory 
factors listed above, this case warrants a $7,000 
forfeiture. 

                    IV   ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 
1.80 of the Commission's Rules,11  Electronics Unlimited, is 
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE 
in the amount of seven thousand dollars ($7,000) for 
violating Sections 302 of the Act.12

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

     9.   Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable, 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 should note the NAL/Acct. No. referenced in the 
letterhead above.                      .

     10.  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 NAL/Acct. No.                referenced in the 
letterhead above. 

     11.  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.

     12.  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. 20554.14  

     13.  IT IS FURTHER ORDERED THAT a copy of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail Return 
Receipt Requested to Electronics Unlimited, at 4995 N.W. 
72nd Avenue, Suite 102, Miami, Florida 33166.


     FEDERAL COMMUNICATIONS COMMISSION



     Ralph M. Barlow
     District Director
     Tampa Office
_________________________

1 47 U.S.C.  302a(b)
2 47 C.F.R.  2.803(a)(1) 
3 Citation issued to Electronics Unlimited on August 24, 
2001
4 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).
5 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.'' 
6 47 U.S.C.  302a(b)
7 47 C.F.R.  2.803(a)(1)
8 47 C.F.R.  1.80(b)(4)
9 47 U.S.C.  503(b)(2)(D)
10 47 U.S.C.  503(b).
11 47 C.F.R.  0.111, 0.311, 1.80.
12 47 U.S.C.  302
13 47 C.F.R.  1.80.
14 See 47 C.F.R.  1.1914.