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

In the Matter of                )
                                )       File No. EB-00-PA-362    
Northeast Passage Corporation   )    
P.O. Box 373                   )        NAL/Acct.             No. 

200132400003
Lanoka Harbor, NJ  08734        )    
                               )        FRN 0004-9420-41

                  MEMORANDUM OPINION AND ORDER

     Adopted:  December 7, 2001         Released:   December  11, 
2001   

By the Chief, Enforcement Bureau:

                                
     1.   In this  Memorandum  Opinion and  Order  ("Order"),  we 
grant in part  and deny  in part a  Petition for  Reconsideration 
filed by Northeast Passage Corporation ("NEPC") of the Forfeiture 
Order1  issued  by  the  Enforcement  Bureau  assessing  a  seven 
thousand dollar  ($7,000)  forfeiture against  NEPC  for  willful 
violation of Sections  17.4(a) (failure to  register its  antenna 
structure)  and  1.89(b)  (failure   to  respond  to   Commission 
correspondence) of the Commission's Rules (``Rules'').2  For  the 
reasons provided below, the forfeiture  will be reduced to  three 
thousand dollars ($3,000).    

     2.   On September 13, 2000, the Enforcement Bureau  received 
information indicating  that  NEPC  had failed  to  register  its 
Forked River, New Jersey  antenna structure with the  Commission.  
An agent in the Enforcement Bureau's Philadelphia District Office 
("Philadelphia Office")  spoke with  the president  of NEPC,  Mr. 
Walter Holm, and verified that NEPC did own the antenna structure 
and that it had  never been registered  with the Commission.   On 
October 20,  2000, the  Philadelphia Office  issued a  Notice  of 
Violation ("NOV") to  NEPC for  failure to  register the  antenna 
structure and requested that  NEPC respond to  the NOV within  10 
days of receipt.  NEPC did not respond.

     3.   On December  7,  2000,  the District  Director  of  the 
Philadelphia Office issued a second  NOV to NEPC for its  failure 
to register its antenna structure  and its failure to respond  to 
Commission correspondence.  NEPC still did not respond.  On March 
22, 2001, the District Director of the Philadelphia Office issued 
a Notice of  Apparent Liability for  Forfeiture ("NAL")3 to  NEPC 
for $7,000 for  its apparent  violation of  Sections 17.4(a)  and 
1.89(b) of the Rules.  On July 23, 2001, the Enforcement  Bureau, 
after noting  NEPC's failure  to  respond to  the NAL,  issued  a 
Forfeiture Order  to  NEPC  upholding issuance  of  the  NAL  and 
assessing a forfeiture in the amount of $7,000.

     4.   On  August  9,   2001,  NEPC  filed   a  Petition   for 
Reconsideration of  the Forfeiture  Order in  which it  does  not 
dispute the violations but  requests abatement of the  forfeiture 
amount.  NEPC explains   that Mr. Holm  and his immediate  family 
were faced with several extraordinary medical circumstances  from 
October 2000 through June 2001 which made it impossible for  NEPC 
to  give  its  full  attention  to  all  of  its  correspondence, 
including the two  NOVs and  the NAL issued  by the  Philadelphia 
Office on October 20, 2000; December 7, 2000; and March 22, 2001, 
respectively.   The  information  provided  by  NEPC   adequately 
explains why it may  have been difficult for  NEPC to respond  to 
Commission  correspondence.   Therefore,   pursuant  to   Section 
1.80(i) of the Rules,4 we reduce the $7,000 forfeiture amount  by 
the amount  of  the forfeiture  assessed  for NEPC's  failure  to 
respond to Commission correspondence ($4,000). 
        
     5.   However,  the  fact  remains  that  NEPC  did  fail  to 
register its Forked River, New  Jersey, antenna structure and  it 
does not dispute  the violation.   Moreover, it  has provided  no 
basis upon  which to  reduce or  cancel the  forfeiture for  this 
violation.  Consequently, we deny NEPC's request for abatement of 
the entire forfeiture  amount and  uphold the  imposition of  the 
portion of the forfeiture assessed for NEPC's failure to register 
its antenna structure ($3,000).   
     
     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
405 of the Communications Act  of 1934, as amended ("the  Act")5, 
and  Section   1.106  of   the   Rules,6  NEPC's   Petition   for 
Reconsideration of  the Forfeiture  Order in  this proceeding  IS 
hereby GRANTED to the  extent indicated above  and DENIED in  all 
other respects. 

     7.   IT IS FURTHER ORDERED that, pursuant to Section  503(b) 
of the Act7  and Section  1.80 of the  Rules,8 Northeast  Passage 
Corporation shall  pay  the  amount  of  three  thousand  dollars 
($3,000) for the  above-stated violation  within 30  days of  the 
release date of  this Order.   Payment may  be made  by check  or 
money order, drawn  on a U.S.  financial institution, payable  to 
the Federal Communications Commission.  The remittance should  be 
marked ``NAL/Acct. No. 200132400003, FRN 0004-9420-41" and mailed 
to  the  Federal  Communications  Commission,  P.O.  Box   73482, 
Chicago, Illinois  60673-7482.  If  the  forfeiture is  not  paid 
within the  period specified,  the case  may be  referred to  the 
Department of Justice for  collection pursuant to Section  504(a) 
of the Act.9  Requests for full payment under an installment plan 
should be  sent to:  Chief, Revenue  and Receivables  Group,  445 
Twelfth Street, S.W., Washington, D.C. 20554.10 

     8.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent  by  regular  mail  and  Certified  Mail  Return  Receipt 
Requested to Northeast Passage Corporation, P.O. Box 373,  Lanoka 
Harbor, New Jersey 08734.

                         FEDERAL COMMUNICATIONS COMMISSION
                    

                                                                  
                         David H. Solomon
                                                                  
Chief, Enforcement Bureau
           









_________________________

  1    Northeast Passage Corporation, 16 FCC Rcd 14424 (EB 2001).

  2    47 C.F.R.  17.4(a) and 1.89(b). 

  3    Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200132400003 (Enf. Bur., released March 22, 2001. 

  4    47 C.F.R. 1.80(i). 

  5    47 U.S.C. ' 405. 

  6    47 C.F.R.  1.106.

  7    47 U.S.C.  503(b).

  8    47 C.F.R.  1.80. 

  9    47 U.S.C. ' 504(a).

  10   47 C.F.R. ' 1.1914.