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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.             )    NAL/Acct.        No. 

Miami, Florida                     )    FRN 0006-2915-95


  Adopted:  May 10, 2002                Released:  May 14, 2002 

By the Chief, Enforcement Bureau:

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
cancel a  seven  thousand  dollar  ($7,000)  Notice  of  Apparent 
Liability for Forfeiture (``NAL'')1 that the Miami Resident Agent 
Office issued to Lightning Electronics, Inc. (``Lightning''), for 
apparently violating Section 302(b) of the Communications Act  of 
1934, as  amended  (``Act'')2  and  Section  2.803(a)(1)  of  the 
Commission's Rules (``Rules'').3  The alleged violations  involve 
Lightning's  marketing  of   non-compliant  high-power   cordless 

     2.   The Commission's Miami, Florida, Resident Agent  Office 
issued the NAL to Lightning  on October 29, 2001.  Lightning  did 
not file a response to the NAL.  On February 21, 2002, the Chief, 
Enforcement Bureau,  issued a  Forfeiture Order  4 affirming  the 
forfeiture proposed  by the  NAL.  On  March 8,  2002,  Lightning 
filed a petition for reconsideration of the Forfeiture Order.5

     3.   As  indicated  in  the  petition  for  reconsideration, 
certain information  set forth  in the  NAL does  not pertain  to 
Lightning.  After reviewing the entire  record, we find that  the 
monetary   forfeiture   should   be   cancelled.    See   Section 
503(b)(4)(ii) and (iii) of the Act.6 

     4.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the  Act,7 and  Section 1.80(f)(4) of  the Rules,8  the 
captioned NAL issued to Lightning IS CANCELLED.  
     5.   IT IS FURTHER ORDERED that, pursuant to Section 405  of 
the Act and Section 1.106 of the Rules, Lightning's petition  for 
reconsideration IS GRANTED to the  extent indicated above and  IS 
DENIED in all other respects.

     6.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  by Certified  Mail  -- Return  Receipt Requested  --  to 
Lightning Electronics, Inc., at 231  E. Flagler Street, Unit  #1, 
Miami, Florida 33131, and to Lightning's attorney, Ira S. Silver, 
Esquire, Silver & Silver, 108 S. Miami Avenue, 2nd Floor,  Miami, 
Florida 33130.


                         David H. Solomon
                         Chief, Enforcement Bureau


1Notice of  Apparent  Liability  for  Forfeiture,  NAL/Acct.  No. 
200232700002 (Enf.  Bur.,  Miami  Office,  released  October  29, 

2  47 U.S.C.  302a (b).

3 47 C.F.R.  2.803(a)(1).

4 Lightning Electronics, Inc., 17 FCC Rcd 3131 (Enf. Bur. 2002)

5 Lightning's  filing  is entitled  ``Written  Statement  Seeking 
Reduction or Cancellation  of a Proposed  Forfeiture.''   We  are 
treating it as a petition  for reconsideration of the  Forfeiture 
Order pursuant to Section  405 of the Act,  47 U.S.C.  405,  and 
Section 1.106 of the Rules, 47 C.F.R.  1.106.

6 47 U.S.C.  503(b)(4)(ii) and (iii).

7 47 U.S.C.  504(b).

8 47 C.F.R.  1.80(f)(4).