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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Skywave Electronics, Inc. ) File No. EB-00-AT-289
Rockford, Illinois ) NAL/Acct. No. X3248003
MEMORANDUM OPINION AND ORDER
Adopted: February 22, 2001 Released: February
26, 2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
dismiss a Petition for Reconsideration (``Petition'') of a
Forfeiture Order1 released on December 14, 2000, in the above-
referenced proceeding. In the Forfeiture Order, we issued a
monetary forfeiture in the amount of seven thousand dollars
$7,000 against Skywave Electronics, Inc. (``Skywave'') for
violating Section 302 of the Communications Act of 1934, as
amended (``Act'')2 and Section 2.907 of the Commission's Rules
(``Rules''),3 by marketing a non-compliant device for use in
the FM broadcast band. The noted violations involve the sale
and distribution of at least 11 FM transmitters that exceeded
the power limitations of Skywave's authorization. Skywave's
petition is untimely. Accordingly, it is dismissed.
2. Section 405 of the Act4 requires a petition for
reconsideration to be filed within 30 days of the date from
which public notice of the action is given. In this
particular case, we gave public notice of the action on
December 14, 2000, the date the Forfeiture Order was released.
Therefore, a petition for reconsideration of the Forfeiture
Order had to be filed with the Commission by January 16, 2001
(the first business day following the expiration of 30 days),
in order to be considered timely. Skywave's Petition was not
filed until January 18, 2001.5
3. Accordingly, IT IS ORDERED that, pursuant to Section
405 of the Act and Section 1.106 of the Rules,6 Skywave's
Petition for Reconsideration IS DISMISSED.
4. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by certified mail, return receipt requested, to Skywave
Electronics, Inc. at 1205 N. Horace Avenue, Rockford, Illinois
61101, and its counsel, Lewis H. Goldman, Esq., Law Offices,
Lewis H. Goldman, P.C., Plaza Suite 9, 4141 North Henderson Road,
Arlington, Virginia, 22203.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Forfeiture Order, NAL/Acct. No. X3248003 (Enf. Bur.,
released December 14, 2000).
2 47 U.S.C. § 302a.
3 47 C.F.R. § 2.907.
4 47 U.S.C. § 405.
5 A date stamp from the Commission's mail room bears this
date. See 47 C.F.R. § 1.7.
6 47 U.S.C. § 405; 47 C.F.R. § 1.106