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



In the Matter of                   )
                         )    File No. EB-01-MA-035
Lightning Electronics, Inc.        )         
Miami, Florida                )    NAL/Acct. No. 
200232700009   
                         )    FRN 0006-2915-95

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

                                   Released: May 21, 2002
                                                  

By the Enforcement Bureau, Tampa Office:

                      I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture, we find that Lightning Electronics, Inc. 
(``Lightning'') apparently violated Section 302(b) of the 
Communications Act of 1934, as amended (``Act''),1 and 
Section 2.803(a)(1) of the Commission's Rules,2 by marketing 
a non-compliant high-power cordless telephone (``Prolink 
model BAO-6110CID'').  We conclude that Lightning is 
apparently liable for a forfeiture in the amount of seven 
thousand dollars ($7,000).


                         II   BACKGROUND

     2.   On July 27, 2001, agents from the FCC Enforcement 
Bureau's Miami Resident Agent Office (``Miami Office'') and 
Tampa Field Office visited Lightning, a retail store located 
at 231 E. Flagler Street, Unit # 1, Miami, Florida 33131.  
The agents saw several high-power cordless telephones on 
display at the store, including a Super Phone CT-9000, a 
Prolink CT-600CID and an Optima OP-8810.  The salesperson 
offered one of the units for sale to the agents. The units 
offered for sale possessed neither the labeling nor FCC 
authorization required to market such devices in the United 
States.

     3.   On August 24, 2001, the Miami Office issued via 
regular and certified mail a Citation letter to Lightning 
for violation of Section 302(b) of the Act, and Section 
2.803(a)(1) of the Commission's Rules.  According to the 
Postal Service, Lightning refused the certified letter on 
August 27, 2001.  The Citation letter sent via regular mail 
was never returned.

     4.   On September 26, 2001, two FCC agents visited 
Lightning for the second time and inquired about long-range, 
cordless telephones. The salesperson sold the agents a 
``Prolink BAO-6110CID'' long-range cordless telephone with 
antenna for $669.80.  No documentation was requested by the 
salesperson to complete the transaction. The units offered 
for sale possessed neither the labeling nor FCC 
authorization required to market such devices in the United 
States.

     5.   On October 5, 2001, the Miami Office received a 
letter signed by Mr. Patrick Arty, Bookkeeper, in reply to 
the Citation issued to Lightning on August 24, 2001.  In the 
letter, Mr. Arty stated that, as a result of the Citation, 
Lightning pulled ``...the merchandise off the shelves... and 
have returned them to the distributor...'' 

                         III  DISCUSSION

     6.   Section 302(a) of the Act authorizes the 
Commission to regulate equipment capable of emitting radio 
frequency energy that may cause interference to radio 
communications.3  Section 302(b) of the Act states that 
``[n]o 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 
regulations promulgated pursuant to this section.''  Section 
2.803(a)(1) of the Rules provides that ``[n]o person shall 
sell or lease, or offer for sale or lease, any radio 
frequency device unless: (1) In case of a device subject to 
certification, such device has been authorized by the 
Commission in accordance with the rules in this chapter and 
is properly identified and labeled....''  Lightning, as a 
marketer of the Prolink BAO-6110CID telephone, is 
responsible for ensuring such device complies with the 
Commission's Rules.  The FCC notified Lightning in writing 
of its violation, warned Lightning about the penalties for 
marketing non-compliant devices, yet Lightning continued to 
market the non-compliant device in violation of both the Act 
and the Rules.  

     7.   Based on the evidence before us, we find that 
Lightning willfully4 and repeatedly5 violated Section 302(b) 
of the Act and Section 2.803(a)(1) of the Commission's 
Rules.  Pursuant to Section 1.80(b)(4) of the Commission's 
Rules, the base forfeiture amount for the violation cited in 
this notice is $7,000.6  Section 503(b)(2)(D) of the Act 
requires us to 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.''7  Considering the entire 
record and applying the statutory factors listed above, this 
case warrants a $7,000 forfeiture. 

                    IV   ORDERING CLAUSES

     8.   Accordingly, IT IS ORDERED THAT, pursuant to 
Section 503(b) of the Act,8 and Sections 0.111, 0.311 and 
1.80 of the Commission's Rules,9  Lightning, is hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the 
amount of seven thousand dollars ($7,000) for willfully and 
repeatedly violating Section 302(b) of the Act and Section 
2.803(a)(1) of the Rules.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 
1.80 of the Commission's Rules,10 within thirty days of the 
release date of this NOTICE OF APPARENT LIABILITY, 
Lightning, SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking 
reduction or cancellation of the proposed forfeiture.

     10.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the 
Federal Communications Commission, to the Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  
The payment should note the NAL/Acct. No. and FRN referenced 
in the letterhead above.

     11.  The response, if any, must be mailed to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, S.W., Washington, D.C. 20554, ATTN: Enforcement 
Bureau - Technical & Public Safety Division, and MUST 
INCLUDE the NAL/Acct. No. and FRN referenced in the 
letterhead above. 

     12.  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 practices (``GAAP''); 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.

     13.  Requests for payment of the full amount of this 
Notice of Apparent Liability under an installment plan 
should be sent to: Federal Communications Commission, Chief, 
Revenue and Receivables Operation Group, 445 12th Street, 
S.W., Washington, D.C. 20554.11  

     14.  IT IS FURTHER ORDERED THAT a copy of this NOTICE 
OF APPARENT LIABILITY shall be sent by Certified Mail Return 
Receipt Requested to Lightning Electronics, Inc., at 231 E. 
Flagler Street, Unit # 1, Miami, Florida 33131.


     FEDERAL COMMUNICATIONS COMMISSION



     Ralph M. Barlow
     District Director
     Tampa Office
_________________________

1 47 U.S.C. § 302a(b)
2 47 C.F.R. § 2.803(a)(1) 
3 47 U.S.C. 302a(a)
4 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).
5 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2) which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.'' 
6 47 C.F.R. § 1.80(b)(4)
7 47 U.S.C. § 503(b)(2)(D)
8 47 U.S.C. § 503(b).
9 47 C.F.R. §§ 0.111, 0.311, 1.80.
10 47 C.F.R. § 1.80.
11 See 47 C.F.R. § 1.1914.