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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
The Ohio Bell Telephone Company ) File No. EB-00-TS-
079
Licensee of Paging Station KQD612 ) NAL/Acct. No.
200132100007
Dayton, Ohio )
FORFEITURE ORDER
Adopted: February 16, 2001 Released: February
21, 2001
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of five thousand dollars
($5,000) against the Ohio Bell Telephone Company (``Ohio Bell'')
for willful violation of Section 301 of the Communications Act of
1934 (``Act'')1, as amended, and Section 22.3 of the Commission's
Rules (``Rules'').2 The noted violation involves Ohio Bell's
operation of a paging system without Commission authorization.
2. On November 29, 2000, we released a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of five thousand
dollars ($5,000) to Ohio Bell. Ohio Bell has not filed a
response to the NAL. Based on the information before us, we
affirm the assessment of a monetary forfeiture in this matter.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,3 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Commission's Rules,4 the Ohio Bell Telephone Company IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for
willful violation of the provisions of Section 301 of the Act and
Section 22.3 of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Commission's Rules5 within 30
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 collection pursuant to Section 504(a)
of the Act.6 Payment may be made by mailing a check or similar
instrument, payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should
reference NAL/Acct. number 200132100007. Requests for full
payment under an installment plan should be sent to: Chief,
Credit and Debt Management Center, 445 12th Street, S.W.,
Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED THAT this notice shall be sent,
by certified mail, return receipt requested, to the Ohio Bell
Telephone Company at 2000 West Ameritech Center Drive, Hoffman
Estate, Illinois, 60195-1025, and its counsel, Skadden, Arps,
Slate, Meagher & Flom, Attention: David H. Pawlick, 1440 New
York Avenue, NW, Washington, DC 20005.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 47 C.F.R. § 22.3.
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.