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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File No.: EB-10-KC-0122
Insight Consulting Group of Kansas )
City, LLC NAL/Acct. No.: 201132560005
Kansas City, MO FRN: 0018534495
Adopted: March 23, 2012 Released: March 23, 2012
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of sixteen thousand dollars ($16,000) to Insight Consulting
Group of Kansas City, LLC (Insight), operator of an Unlicensed
National Information Infrastructure (U-NII) transmission system in
Kansas City, Missouri for willful and repeated violation of Section
301 of the Communications Act of 1934, as amended (Act) and Section
15.1(b) of the Commission's rules (Rules). The noted violations
involved Insight's operation of intentional radiators not in
accordance with Part 15 of the Rules and without a license.
2. On July 29, 2011, the Enforcement Bureau's Kansas City Office (Kansas
City Office) issued a Notice of Apparent Liability for Forfeiture
(NAL) to Insight for operation of intentional radiators not in
accordance with Part 15 of the Rules and without a license. As
discussed in detail in the NAL, agents from the Kansas City Office
determined that Insight operated two U-NII transmitters on frequencies
for which they were not authorized, in violation of the devices'
equipment authorization, and thereby requiring a license. In view of
the record evidence and the fact that Insight's unlicensed operations
caused interference to the Federal Aviation Administration's Terminal
Doppler Weather Radar installation serving the Kansas City
International Airport, the NAL proposed a $17,000 forfeiture against
Insight for violation of Section 301 of the Act. Insight submitted
documentation of its finances and requested reduction of the proposed
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and the
Forfeiture Policy Statement. In examining Insight's response, Section
503(b) of the Act requires that the Commission 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. As discussed below, we have considered Insight's response in
light of these statutory factors, and we reduce the forfeiture to
$16,000 based solely on its documented inability to pay.
4. As set forth in the NAL, agents from the Kansas City Office determined
that Insight operated two U-NII transmitters on frequencies for which
the devices were not authorized on February 4 and 28, 2011.
Accordingly, because Insight's operations were not consistent with the
devices' equipment authorization and Part 15 of the Rules, its
operations required a license. In its response to the NAL, Insight
does not deny any of these facts. Accordingly, we find that Insight
willfully and repeatedly violated Section 301 of the Act and Section
15.1(b) of the Rules by operating unlicensed radio transmitters.
5. With regard to an individual or entity's inability to pay claim, the
Commission has determined that, in general, gross revenues are the
best indicator of an ability to pay a forfeiture. Based on the
financial documents and other materials provided by Insight, we find
sufficient basis to reduce the forfeiture to $16,000.
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, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Insight
Consulting Group of Kansas City, LLC IS LIABLE FOR A MONETARY
FORFEITURE in the amount of sixteen thousand dollars ($16,000) for
violations of Section 301 of the Act and Section 15.1(b) of the
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days of the
release of this Order. If the forfeiture is not paid within the period
specified, the case may be referred to the Department of Justice for
enforcement 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/Account Number and FRN referenced above. Payment by
check or money order may be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by
wire transfer may be made to ABA Number 021030004, receiving bank
TREAS/NYC, and account number 27000001. For payment by credit card, an
FCC Form 159 (Remittance Advice) must be submitted. When completing
the FCC Form 159, enter the NAL/Account number in block number 23A
(call sign/other ID), and enter the letters "FORF" in block number 24A
(payment type code). Requests for full payment under an installment
plan should be sent to: Chief Financial Officer - Financial
Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
20554. Please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
regarding payment procedures. Insight shall also send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
8. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail Return Receipt Requested to Insight
Consulting Group of Kansas City, LLC at 600 E. Admiral Blvd., Suite
1201, Kansas City, MO 64106 and to its attorney, Lewis H. Goldman,
P.C., 45 Dudley Court, Bethesda, MD 20814.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 U.S.C. S: 301; 47 C.F.R. S: 15.1(b).
47 C.F.R. S:S: 15.1 et seq.
Insight Consulting Group of Kansas City, LLC, Notice of Apparent Liability
for Forfeiture, 26 FCC Rcd 10699 (Enf. Bur. 2011).
Id. A comprehensive recitation of the facts and history of this case can
be found in the NAL and is incorporated herein by reference.
Id. at 2480.
Email from Lewis H. Goldman, P.C., Attorney for Insight, to Diane Law-Hsu,
Regional Counsel, South Central Region, Enforcement Bureau (Oct. 5, 2011
4:20 P.M. EST).
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture
47 U.S.C. S: 503(b)(2)(E).
NAL at 10700-10701.
See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
2088, 2089 (1992) (forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross revenues); Local Long
Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
This forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See supra note 12.
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-282
Federal Communications Commission DA 12-282