Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from
WordPerfect or Word 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
Word or WordPerfect version or Adobe Acrobat version (above).

*****************************************************************



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

In the Matter of                )
                                )
Skywave Electronics, Inc.       )    File No. EB-00-AT-289
Rockford, Illinois             )     NAL/Acct. No. X3248003      
                                     
                  MEMORANDUM OPINION AND ORDER 

Adopted:  February 22, 2001                  Released:   February 
26, 2001

By the Chief, Enforcement Bureau:
                                
1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  dismiss  a Petition  for  Reconsideration (``Petition'')  of  a 
  Forfeiture Order1 released on December 14, 2000, in the  above-
  referenced proceeding.   In the Forfeiture  Order, we issued  a 
  monetary forfeiture  in the  amount of  seven thousand  dollars 
  $7,000  against  Skywave Electronics,  Inc.  (``Skywave'')  for 
  violating Section  302 of  the Communications Act  of 1934,  as 
  amended (``Act'')2 and Section 2.907 of the Commission's  Rules 
  (``Rules''),3 by  marketing a non-compliant  device for use  in 
  the FM broadcast  band.  The noted violations involve the  sale 
  and distribution of  at least 11 FM transmitters that  exceeded 
  the power  limitations of  Skywave's authorization.   Skywave's 
  petition is untimely.  Accordingly, it is dismissed.

2.         Section  405  of  the Act4  requires  a  petition  for 
  reconsideration to  be filed within  30 days of  the date  from 
  which  public  notice   of  the  action  is  given.   In   this 
  particular  case,  we  gave public  notice  of  the  action  on 
  December 14, 2000, the date the Forfeiture Order was  released.  
  Therefore,  a petition  for reconsideration  of the  Forfeiture 
  Order had to be  filed with the Commission by January 16,  2001 
  (the first business  day following the expiration of 30  days), 
  in order to  be considered timely.  Skywave's Petition was  not 
  filed until January 18, 2001.5  

3.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  405  of the  Act and  Section 1.106  of the  Rules,6  Skywave's 
  Petition for Reconsideration IS DISMISSED.

     4.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by certified mail,  return receipt requested, to  Skywave 
Electronics, Inc. at  1205 N. Horace  Avenue, Rockford,  Illinois 
61101, and  its counsel,  Lewis H.  Goldman, Esq.,  Law  Offices, 
Lewis H. Goldman, P.C., Plaza Suite 9, 4141 North Henderson Road, 
Arlington, Virginia, 22203.
     
          
                    FEDERAL COMMUNICATIONS COMMISSION


          
                    David H. Solomon
                    Chief, Enforcement Bureau
_________________________

  1   Forfeiture  Order,  NAL/Acct.  No.  X3248003  (Enf.   Bur., 
released December 14, 2000).

  2  47 U.S.C.  302a.

  3  47 C.F.R.  2.907.

  4  47 U.S.C.  405.

  5  A  date stamp  from the  Commission's mail  room bears  this 
date.  See 47 C.F.R.  1.7.

  6 47 U.S.C.  405; 47 C.F.R.  1.106