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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-00-PA-362
Northeast Passage Corporation )
P.O. Box 373 ) NAL/Acct. No.
200132400003
Lanoka Harbor, NJ 08734 )
) FRN 0004-9420-41
MEMORANDUM OPINION AND ORDER
Adopted: December 7, 2001 Released: December 11,
2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order ("Order"), we
grant in part and deny in part a Petition for Reconsideration
filed by Northeast Passage Corporation ("NEPC") of the Forfeiture
Order1 issued by the Enforcement Bureau assessing a seven
thousand dollar ($7,000) forfeiture against NEPC for willful
violation of Sections 17.4(a) (failure to register its antenna
structure) and 1.89(b) (failure to respond to Commission
correspondence) of the Commission's Rules (``Rules'').2 For the
reasons provided below, the forfeiture will be reduced to three
thousand dollars ($3,000).
2. On September 13, 2000, the Enforcement Bureau received
information indicating that NEPC had failed to register its
Forked River, New Jersey antenna structure with the Commission.
An agent in the Enforcement Bureau's Philadelphia District Office
("Philadelphia Office") spoke with the president of NEPC, Mr.
Walter Holm, and verified that NEPC did own the antenna structure
and that it had never been registered with the Commission. On
October 20, 2000, the Philadelphia Office issued a Notice of
Violation ("NOV") to NEPC for failure to register the antenna
structure and requested that NEPC respond to the NOV within 10
days of receipt. NEPC did not respond.
3. On December 7, 2000, the District Director of the
Philadelphia Office issued a second NOV to NEPC for its failure
to register its antenna structure and its failure to respond to
Commission correspondence. NEPC still did not respond. On March
22, 2001, the District Director of the Philadelphia Office issued
a Notice of Apparent Liability for Forfeiture ("NAL")3 to NEPC
for $7,000 for its apparent violation of Sections 17.4(a) and
1.89(b) of the Rules. On July 23, 2001, the Enforcement Bureau,
after noting NEPC's failure to respond to the NAL, issued a
Forfeiture Order to NEPC upholding issuance of the NAL and
assessing a forfeiture in the amount of $7,000.
4. On August 9, 2001, NEPC filed a Petition for
Reconsideration of the Forfeiture Order in which it does not
dispute the violations but requests abatement of the forfeiture
amount. NEPC explains that Mr. Holm and his immediate family
were faced with several extraordinary medical circumstances from
October 2000 through June 2001 which made it impossible for NEPC
to give its full attention to all of its correspondence,
including the two NOVs and the NAL issued by the Philadelphia
Office on October 20, 2000; December 7, 2000; and March 22, 2001,
respectively. The information provided by NEPC adequately
explains why it may have been difficult for NEPC to respond to
Commission correspondence. Therefore, pursuant to Section
1.80(i) of the Rules,4 we reduce the $7,000 forfeiture amount by
the amount of the forfeiture assessed for NEPC's failure to
respond to Commission correspondence ($4,000).
5. However, the fact remains that NEPC did fail to
register its Forked River, New Jersey, antenna structure and it
does not dispute the violation. Moreover, it has provided no
basis upon which to reduce or cancel the forfeiture for this
violation. Consequently, we deny NEPC's request for abatement of
the entire forfeiture amount and uphold the imposition of the
portion of the forfeiture assessed for NEPC's failure to register
its antenna structure ($3,000).
6. Accordingly, IT IS ORDERED THAT, pursuant to Section
405 of the Communications Act of 1934, as amended ("the Act")5,
and Section 1.106 of the Rules,6 NEPC's Petition for
Reconsideration of the Forfeiture Order in this proceeding IS
hereby GRANTED to the extent indicated above and DENIED in all
other respects.
7. IT IS FURTHER ORDERED that, pursuant to Section 503(b)
of the Act7 and Section 1.80 of the Rules,8 Northeast Passage
Corporation shall pay the amount of three thousand dollars
($3,000) for the above-stated violation within 30 days of the
release date of this Order. Payment may be made by check or
money order, drawn on a U.S. financial institution, payable to
the Federal Communications Commission. The remittance should be
marked ``NAL/Acct. No. 200132400003, FRN 0004-9420-41" and mailed
to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. 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.9 Requests for full payment under an installment plan
should be sent to: Chief, Revenue and Receivables Group, 445
Twelfth Street, S.W., Washington, D.C. 20554.10
8. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Northeast Passage Corporation, P.O. Box 373, Lanoka
Harbor, New Jersey 08734.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Northeast Passage Corporation, 16 FCC Rcd 14424 (EB 2001).
2 47 C.F.R. §§ 17.4(a) and 1.89(b).
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200132400003 (Enf. Bur., released March 22, 2001.
4 47 C.F.R. 1.80(i).
5 47 U.S.C. ' 405.
6 47 C.F.R. § 1.106.
7 47 U.S.C. § 503(b).
8 47 C.F.R. § 1.80.
9 47 U.S.C. ' 504(a).
10 47 C.F.R. ' 1.1914.