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

In the Matter of                )
                                )
IKUSI-Angel Iglesias, S.A.      )       File  No.  EB-03-SE-
214
                                )       NAL/Acct.       No.:  
200432100014
                                )       FRN:  0011383791
                                )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  August 13, 2004               Released:     August 
17, 2004

By the Chief, Enforcement Bureau:

I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  IKUSI-Angel Iglesias,  S.A. 
(``IKUSI'') apparently liable for a forfeiture in the amount 
of  seven  thousand  dollars   ($7,000)  for  importing  and 
marketing in  the United  States non-compliant  equipment in 
willful  and repeated  violation of  Section 302(b)1  of the 
Communications  Act  of  1934,  as  amended  (``Act''),  and 
Sections  2.803(a)(1)2 and  15.231(a)3  of the  Commission's 
Rules (``Rules'').

II.   BACKGROUND

     2.   The Office of  Engineering and Technology referred 
to the Enforcement Bureau  a complaint alleging that IKUSI's 
Remote  Crane Transmitter  (``RCT  Model  TM60''),4 a  radio 
frequency device  designed for the remote  control of cranes 
and hoists,  fails to comply  with Section 15.231(a)  of the 
Rules,  which requires  a manually  operated transmitter  to 
employ a  switch that will automatically  cease transmission 
within five seconds or less.5  According to the complainant, 
the  Model TM60  operates  in a  ``maintained or  continuous 
mode'' rather than ceasing  after five seconds when manually 
activated.

     3.   On January 22, 2004, the Office of Engineering and 
Technology  Laboratory (``OET  Lab'') tested  the RCT  Model 
TM60, a  manually operated  transmitter, and  confirmed that 
the unit failed to satisfy the timing requirement of Section 
15.231(a).    The  OET   Lab  determined   that  the   IKUSI 
transmitter not only failed to cease transmission before the 
five   second   requirement,  but   continued   transmitting 
approximately 234 seconds beyond the required stop time.  On 
March  29, 2004,  the Spectrum  Enforcement Division  of the 
Enforcement Bureau  issued a letter of  inquiry (``LOI'') to 
IKUSI,  seeking  information  and documents  concerning  the 
compliance of the RCT Model TM60 with the periodic operation 
limits set forth in Section 15.231 of the Rules.6  

     4.   IKUSI submitted a response to the LOI on April 26, 
2004.7  In its Response, IKUSI does not dispute that the RCT 
Model TM60  fails to  comply with the  Commission's periodic 
operation timing  requirement for the  5-second transmission 
limit set forth in Section 15.231(a).8  Indeed, IKUSI admits 
that  the  TM60  is  programmed for  a  240-second  time-out 
duration,  as stated  in the  TM60 manuals.9   Nevertheless, 
IKUSI contends that it ``proceeded  on the basis of its good 
faith belief''  that the TM60 met  all applicable Commission 
rules,   based   on   representations  from   the   National 
Certification Laboratory  (``NCL''), an  independent testing 
facility  that  prepared   IKUSI's  equipment  certification 
application.10  IKUSI  asserts that, while it  was preparing 
its Response  to the  LOI, it ``became  aware for  the first 
time'' that NCL made ``apparently inaccurate statements'' in 
documents  it submitted  to the  American Telecommunications 
Certification  Body, Inc.  (``ATCB''),  which processed  the 
Model TM60 authorization application.11  Nevertheless, IKUSI 
argues that it had ``no reason  to believe that it needed to 
review the  equipment authorization file after  grant of the 
certification in  order to verify  that NCL had  provided it 
with all relevant documents.''12  

     5.   IKUSI maintains  that if  it had been  informed by 
NCL or  ATCB that the Model  TM60 needed to comply  with the 
five-second transmission limitation,  it would have modified 
the device, requested a waiver of the rule, or abandoned its 
certification application. 13  IKUSI states that when it was 
notified  that  the  Model  TM60  ``may  not  comply''  with 
Commission Rules, it ceased the  shipment of the device into 
the  United  States.14   IKUSI   also  submits  that  it  is 
currently in  the process of  preparing a new RCT  model for 
equipment  certification  and  sale in  the  United  States.  
Finally, IKUSI contends that it is unaware of any reports of 
harmful interference caused by  the TM60's ``limited periods 
of continuous operation.''15  

III. DISCUSSION

     6.   Section 302(b) of the  Act provides 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  Commission regulations.  
Section 2.803(a)(1)  of the Rules prohibits  the importation 
and marketing,  including the offering for  sale, displaying 
and advertising,  of radio  frequency devices that  have not 
received Commission authorization. 

     7.   Section 15.231  of the Rules  establishes periodic 
operation limits for radio  frequency devices, which operate 
``in the band 40.66 - 40.70 MHz and above 70 MHz.''  Section 
15.231(a)   specifically   requires  a   manually   operated 
transmitter  to employ  a switch  that ``will  automatically 
deactivate the transmitter within not more than 5 seconds of 
being released.''  

     8.   In  the instant  case, IKUSI  admits that  the RCT 
Model  TM60  fails to  comply  with  the periodic  operation 
limits  set   forth  in  Section  15.231   of  the  Rules.16  
Accordingly, IKUSI  apparently willfully17  and repeatedly18 
violated Section 302(b) of the Act and Sections 2.803(a) and 
15.231  of the  Rules by  importing and  marketing the  non-
compliant Model TM60 device in the United States.  

     9.   While IKUSI  asserts that it relied  in good faith 
on the work of the test  facility that tested the Model TM60 
and  prepared   its  certification  application,   IKUSI  is 
nevertheless  responsible and  accountable for  the acts  or 
omissions  of its  agents, contractors,  and/or employees.19  
Nor  does the  absence  of reports  of harmful  interference 
caused  by  the  Model TM60's  non-compliance  mitigate  the 
failure  of the  device to  comply with  Commission Rules.20  
Further, while we commend  IKUSI's commitment to comply with 
the  Commission's rules  in the  future, such  post-remedial 
measure  does  not  lessen,   mitigate,  or  excuse  IKUSI's 
violations. 21  Indeed, corrective action taken to come into 
compliance with Commission Rules is expected. 22

     10.  Section  1.80(b)   of  the   Rules  sets   a  base 
forfeiture  amount of  seven thousand  dollars ($7,000)  for 
importing  and   marketing  non-compliant   equipment.   The 
Commission's Forfeiture Policy Statement also specifies that 
the  base forfeiture  amounts shall  be adjusted  based upon 
consideration   of  the   factors   enumerated  in   Section 
503(b)(2)(D)   of   the   Act,   such   as   ``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  such other 
matters  as justice  may require.''23   In this  case, IKUSI 
imported and  marketed its  RCT Model  TM60, which  does not 
comply  with the  timing requirements  set forth  in Section 
15.231(a).  We therefore find  it appropriate and consistent 
with precedent  to propose a  base forfeiture of  $7,000 for 
importing and marketing non-compliant equipment.24

IV.   ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of  the Act,25 and Sections  0.111, 0.311 and 
1.80(f)(4) of the Rules,26 IKUSI, Inc. IS hereby NOTIFIED of 
its APPARENT LIABILITY FOR FORFEITURE in the amount of seven 
thousand  dollars  ($7,000)  for  willfully  and  repeatedly 
violating Section 302(b) of the Act and Sections 2.803(a)(1) 
and 15.231(a) of the Rules.

     12.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Rules, within  thirty (30) days of  the release 
date of  this Notice  of Apparent Liability  for Forfeiture, 
IKUSI,  Inc.  SHALL PAY  the  full  amount of  the  proposed 
forfeiture  or  SHALL  FILE   a  written  statement  seeking 
reduction or cancellation of the proposed forfeiture.

     13.  Payment of the forfeiture must be made by check or 
similar  instrument, payable  to  the order  of the  Federal 
Communications  Commission.  The  payment  must include  the 
NAL/Acct. No.  and FCC Registration Number  (FRN) referenced 
above.  Payment by check or money order may be mailed to the 
Forfeiture  Collection  Section,   Finance  Branch,  Federal 
Communications Commission, P.O.Box 73482, Chicago, IL 60673-
7482.  Payment by overnight mail  may be sent to Bank One/LB 
73482,  525 West  Monroe,  8th Floor  Mailroom, Chicago,  IL 
60661.  Payment by  wire transfer may be made  to ABA Number 
071000013,  receiving  bank  ``Bank  One,''  account  number 
1165259.

     14.  The response, if any, must be mailed to the Office 
of  the Secretary,  Federal  Communications Commission,  445 
12th   Street,   S.W.,   Washington,   D.C.   20554,   ATTN:  
Enforcement Bureau - Spectrum Enforcement Division, and must 
include the NAL/Acct. No. referenced in the caption.

     15.  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;  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.

     16.  Requests for  payment of  the full amount  of this 
NAL under  an installment  plan should  be sent  to:  Chief, 
Revenue and  Receivable Operations  Group, 445  12th Street, 
S.W., Washington, D.C. 20554.27

     17.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub.  L. No. 107-198,  116 Stat. 729 (June  28, 2002), 
the FCC is engaged in  a two-year tracking process regarding 
the  size  of  entities  involved in  forfeitures.   If  you 
qualify as a small entity and if you wish to be treated as a 
small entity for tracking purposes,  please so certify to us 
within thirty  (30) days of  release of this NAL,  either in 
your response to the NAL or  in a separate filing to be sent 
to the  Enforcement Bureau - Spectrum  Enforcement Division.  
Your  certification should  indicate whether  you, including 
your parent  entity and  its subsidiaries,  meet one  of the 
definitions  set forth  in the  list provided  by the  FCC's 
Office of  Communications Business  Opportunities (``OCBO'') 
set forth  in Attachment  A of  this NAL.   This information 
will be used  for tracking purposes only.   Your response or 
failure to respond  to this question will have  no effect on 
your rights and responsibilities  pursuant to Section 503(b) 
of  the Act.   If you  have questions  regarding any  of the 
information contained  in Attachment A, please  contact OCBO 
at (202) 418-0990.

     18.  IT IS FURTHER  ORDERED that a copy  of this Notice 
of Apparent Liability for Forfeiture  shall be sent by first 
class mail  and certified mail return  receipt requested, to 
Mr.  Miguel Portillo,  Director,  TLC Division,  IKUSI-Angel 
Iglesias, S.A.,  Poligono Industrial  27, N  30 (Martutene), 
Apartado 1320,  20080 San  Sebastian, Spain, and  to counsel 
for IKUSI-Angel Iglesias, S.A., Mace J. Rosenstein, Esquire, 
and David L.  Martin, Esquire, Hogan &  Hartson, L.L.P., 555 
Thirteenth Street, N.W., Washington, D.C. 20004-1109.



                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau                         Attachment A

                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers
Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.






                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution       Auction Special Size Standard -
Service                       Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -       Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal            Auction special size standard -
Communications Services       Small Business is $40M or less 
(Block C)                     in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile    Auction special size standard -
Radio                         Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio Services  employees or less
                             Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications       Small Business is $40M or less 
Services                      average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution       Small Business is $40M or less 
Service                       average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint              Small Business is $40M or less 
Distribution Service          average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service           $6M net worth and, after 
                             federal income taxes (excluding 
                             carryover losses) has no more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)



_________________________

     11.  47 U.S.C.  302a(b).

     21.  47 C.F.R.  2.803(a)(1).

     31.  47 C.F.R.  15.231(a).

     41.  On October 3, 2001,  the Commission staff issued a 
grant of  certification to IKUSI  for the RCT,  and assigned 
the device FCC Identification Number PVT-TM60.

     51.  See 47 C.F.R.  15.231(a).

     2.   

     61.  Letter  from  Joseph  P.  Casey,  Chief,  Spectrum 
Enforcement   Division,   Enforcement  Bureau,   to   Miguel 
Portillo, Director, TLC Division, IKUSI-Angel Iglesias, S.A. 
(March 29, 2004) (``LOI'').

7Letter  from  Mace J.  Rosenstein,  Esquire  and  David  L. 
Martin,  Esquire, Hogan  & Hartson,  L.L.P., to  Yasin Ozer, 
Spectrum  Enforcement Division,  Enforcement Bureau   (April 
26,  2004)  (``Response'').   IKUSI's  Response  included  a 
Confidentiality Request  in which IKUSI  sought confidential 
treatment  of its  entire Response.   On June  9, 2004,  the 
Spectrum  Enforcement Division  issued an  order (which  has 
become final) denying in large part IKUSI's request, finding 
that IKUSI's request was  overbroad.  The Division, however, 
decided  to accord  confidential treatment  to one  specific 
item --  the number  of devices that  IKUSI had  shipped for 
sale in the United  States.  See IKUSI-Angel Iglesias, S.A., 
Order, DA 04-1648 (Enf. Bur., Spectrum Enforcement Division, 
released June 9, 2004).

     81.  Response at 1.

     91.  Id. at 1-2. 

     101.      IKUSI  states  that  it has  been  unable  to 
contact the NCL,  and that it believes the  company went out 
of business.  See id. at 3.

     111.      Id. at 3-4.

     121.      Id. at 4 n.8.   

     131.      Id. at 5.

     141.      Id. at 2.

15Id. at 5-6.

     161.      Id. at 1-2.

     171.      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).   

     181.      As  provided  by  47 U.S.C.    312(f)(2),  a 
continuous  violation is  ``repeated'' if  it continues  for 
more  than  one day.    The  Conference  Report for  Section 
312(f)(2)  indicates that  Congress intended  to apply  this 
definition to Section 503 of the Act as well as Section 312.  
See H.R. Rep.  97th Cong. 2d Sess. 51  (1982).  See Southern 
California Broadcasting Company, 6 FCC Rcd 4387, 4388 (1991) 
and Western Wireless Corporation, 18 FCC Rcd 10319 at fn. 56 
(2003).

     191.      See  Wagenvoord Broadcasting  Co., 35  FCC 2d 
361,  361--362,   3   (1972) (no  mitigation of  forfeiture 
amount   because  of   reliance  on   consulting  engineer's 
erroneous advice);  Roadrunner Electronics, Inc., 8  FCC Rcd 
6398, 6398   6 (FOB  1993) (finding vendor  responsible for 
selling compliant radiofrequency devices, despite its claims 
that  it  was  not  aware  of its  inventory  and  that  its 
employees failed to comply with Commission Rules).  See also 
Eure Family Limited Partnership., 17 FCC Rcd 21861, 21863-64 
 6-7  (2002) (no  mitigation of forfeiture  amount because 
actions were  those of lessee/contractor), MTD,  Inc., 6 FCC 
Rcd  34,  35 (1991)  (no  lessening  of responsibility  when 
contractors are used).

     201.      See, e.g., AGM-Nevada, LLC,  18 FCC Rcd 1476, 
1478-79  8 (Enf. Bur. 2003).

     211.      See AT&T Wireless Services,  Inc., 17 FCC Rcd 
21866, 21871  14; KGVL, Inc., 42 FCC 2d 258, 259 (1973).

     221.      See Seawest  Yacht Brokers,  9 FCC  Rcd 6099, 
6099 (1994).

     231.      The Commission's  Forfeiture Policy Statement 
and Amendment  of Section 1.80  of the Rules  to Incorporate 
the Forfeiture  Guidelines, 12 FCC Rcd  17087, 17110 (1997), 
recon. denied (1999).

     241.      See New  Image Electronics, 17 FCC  Rcd 3594, 
3595  4-5  (Enf. Bur. 2002) (imposing  a $7,000 forfeiture 
against  a  vendor  for marketing  non-compliant  long-range 
cordless telephones).

     251.      47 U.S.C.  503(b).

     261.      47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     271.      47 C.F.R.  1.1914.