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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-01-MA-022
Electronics Unlimited )
Miami, Florida ) NAL/Acct. No.
200232700001
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October
23, 2001
By the Enforcement Bureau, Miami Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture, we find that Electronics Unlimited 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 (``Alcon, AT526''). We conclude that
Electronics Unlimited is apparently liable for a forfeiture
in the amount of seven thousand dollars ($7,000).
II BACKGROUND
2. On July 20, 2001, agents from the Enforcement
Bureau's Miami Office visited Electronics Unlimited, a
retail store located at 4995 N.W. 72nd Avenue, Suite 102,
Miami, Florida 33166. The agents observed several high-
power cordless telephones, such as the Alcon 3000, and the
Alcon 7, on display. The salesperson offered these units
for sale.
3. On August 24, 2001, the Miami Office issued via
regular and certified mail a Citation letter to Electronics
Unlimited for violation of Section 302(b) of the Act, and
Section 2.803(a)(1) of the Commission's Rules. A Postal
Service Return Receipt was received at the FCC Tampa Office
signed on August 27, 2001 by M. Cruz of Electronics
Unlimited.
4. On September 28, 2001, two FCC agents visited
Electronics Unlimited for the second time and observed that
several high-power cordless telephones were still on display
at the store. The salesperson sold the agents an ``Alcon,
Model AT-526, Long Range'' cordless telephone for $717.81.
No documentation was requested by the salesperson to
complete the transaction.
III DISCUSSION
5. Section 302 of the Act authorizes the Commission
to regulate equipment capable of emitting radio frequency
energy that may cause interference to radio communications.
The Act further states 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 regulations promulgated pursuant to this
section.'' Section 2.803(a)(1) of the Rules provides that
``no 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...'' Electronics
Unlimited as a marketer of the Alcon, Model AT526 telephone,
is responsible for ensuring that it is compliant with
Commission Rules. Electronics Unlimited was notified in
writing, of its violation, warned about the penalties for
marketing non-compliant devices, yet, continued to market
the non-compliant device in violation of both Sections.3
6. Based on the evidence before us, we find that
Electronics Unlimited willfully4 and repeatedly5 violated
Section 302(b) of the Act6 and Section 2.803(a)(1) of the
Commission's Rules.7 Pursuant to Section 1.80(b)(4) of the
Commission's Rules, the base forfeiture amount for the
violation cited in this notice is $7,000.8 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.''9
Considering the entire record and applying the statutory
factors listed above, this case warrants a $7,000
forfeiture.
IV ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,10 and Sections 0.111, 0.311 and
1.80 of the Commission's Rules,11 Electronics Unlimited, is
hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE
in the amount of seven thousand dollars ($7,000) for
violating Sections 302 of the Act.12
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Commission's Rules,13 within thirty days of the
release date of this NOTICE OF APPARENT LIABILITY,
Electronics Unlimited, SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
forfeiture.
9. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable, 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. referenced in the
letterhead above. .
10. 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. referenced in the
letterhead above.
11. 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.
12. 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. 20554.14
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE
OF APPARENT LIABILITY shall be sent by Certified Mail Return
Receipt Requested to Electronics Unlimited, at 4995 N.W.
72nd Avenue, Suite 102, Miami, Florida 33166.
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 Citation issued to Electronics Unlimited on August 24,
2001
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 U.S.C. § 302a(b)
7 47 C.F.R. § 2.803(a)(1)
8 47 C.F.R. § 1.80(b)(4)
9 47 U.S.C. § 503(b)(2)(D)
10 47 U.S.C. § 503(b).
11 47 C.F.R. §§ 0.111, 0.311, 1.80.
12 47 U.S.C. § 302
13 47 C.F.R. § 1.80.
14 See 47 C.F.R. § 1.1914.