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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-06-IH-2019
C5 Communications, LLC ) NAL Account No.
200732080001
Applicant for Special Temporary Authority )
to Operate a 1.0 meter Ku-Band Earth FRN No. 0014170831
Station )
)
FORFEITURE ORDER
Adopted: November 19, 2007 Released: November 20, 2007
By the Chief, Investigations and Hearings Division, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we find that C5 Communications, LLC ("C5
Communications" or the "Company"), Applicant for Special Temporary
Authority ("STA") to Operate a 1.0 meter Ku-Band Earth Station,
violated Section 1.17 of the Federal Communications Commission's (the
"Commission" or "FCC") rules by twice using a false name to certify
the accuracy of certain matters to the Commission in the STA
applications it filed with the Commission. For the reasons explained
below, we conclude that C5 Communications is liable for a forfeiture
in the amount of seventeen thousand five hundred dollars ($17,500).
II. BACKGROUND
2. On October 25, 2005, and November 4, 2005, C5 Communications
electronically filed two STA applications to operate a 1.0 meter
Ku-Band earth station (the "Applications"). Each Application was
signed with an electronic signature, purportedly by an individual
named "Noel Imitz." The Applications were denied by letters from the
Commission, dated November 2, 2005, and January 23, 2006.
3. On April 18, 2006, C5 Communications voluntarily reported to the
Commission via electronic mail that the name "Noel Imitz" was a
pseudonym, and not the name of any actual person employed by the
Company and/or authorized to sign on behalf of the Company. In the
e-mail, C5 Communications explained that, prior to the Applications,
the Company created the "personae" to respond to public inquires
regarding engineering and support issues. According to Eric Smith,
Chief Operating Officer of C5 Communications, use of the pseudonym on
the Applications was not intended to deceive the Commission.
4. On October 20, 2006, the Chief, Investigations and Hearings Division,
Enforcement Bureau, issued a Notice of Apparent Liability for
Forfeiture ("NAL") to C5 Communications. C5 Communications has not
responded to the NAL.
III. DISCUSSION
5. As discussed in detail in the NAL, we find, based on our review of the
record, that C5 Communications violated Section 1.17 of the
Commission's rules by using a false name and, thereby, made erroneous
certifications to the Commission. By failing to respond to the NAL, C5
Communications has declined to identify any facts or circumstances to
persuade us that there is a basis for reducing or cancelling the
proposed forfeiture. We are not aware of any further mitigating
circumstances sufficient to warrant a reduction of the forfeiture
penalty proposed in the NAL. For these reasons, we hereby impose a
forfeiture of $17,500 for C5 Communication's violations of Section
1.17 of the Commission's rules, as set forth in the NAL.
IV. ORDERING CLAUSES
6. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311, and
1.80 of the Commission's Rules, C5 Communications, LLC SHALL FORFEIT
to the United States government the sum of $17,500 for willfully
violating Section 1.17 of the Commission's rules.
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Commission's Rules within 30 days of the release
of this Forfeiture Order. 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. 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 FRN No. referenced in the caption.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number FCC/ACV9116229.
8. Requests for payment of the full amount of this forfeiture under an
installment plan should be sent to: Associate Managing Director,
Financial Operations, Federal Communications Commission, 445 12th
Street, S.W., Room 1-A625, Washington, DC 20554.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by Certified Mail - Return Receipt Requested, and regular mail,
to C5 Communications.
FEDERAL COMMUNICATIONS COMMISSION
Hillary S. DeNigro
Chief, Investigations and Hearings Division
Enforcement Bureau
See 47 C.F.R. S: 1.17.
See FCC application file numbers SES-STA-20051025 and
SES-STA-20051107-01528.
See id.
See FCC application file numbers SES-STA-20051025 at 3 and
SES-STA-20051107-01528 at 3.
See Letter from Scott A. Kotler, Chief, Systems Branch, Satellite
Division, International Bureau, Federal Communications Commission, to Noel
Imitz, C5 Communications, LLC, dated November 2, 2005. See also Letter
from Scott A. Kotler, Chief, Systems Branch, Satellite Division,
International Bureau, Federal Communications Commission, to Noel Imitz, C5
Communications, LLC, dated January 23, 2006.
See Email from Eric Smith, Chief Operating Officer, C5 Communications, to
Scott Kotler, Chief, Systems Analysis Branch, Satellite Division,
International Bureau, FCC, dated April 18, 2006 (on file with Satellite
Division).
See id. C5 Communications explained that the name "Noel Imitz" was a
derivative of the term "no limits." C5 Communications also created a
website with a similar moniker (www.noelimitz.com) to be used in
responding to engineering and support questions on behalf of the Company.
See id.
See 47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.17.
See 47 C.F.R. S: 1.80.
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 07-4679
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Federal Communications Commission DA 07-4679