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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.
200232700002
)
Miami, Florida ) FRN 0006-2915-95
FORFEITURE ORDER
Adopted: February 19, 2002 Released: February 21,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of seven thousand dollars
($7,000) to Lightning Electronics, Inc. (``Lightning''), for
willful and repeated violation of Section 302(b) of the
Communications Act of 1934, as amended (``Act'')1 and Section
2.803(a)(1) of the Commission's Rules (``Rules'').2 The noted
violations involve Lightning's marketing of non-compliant high-
power cordless telephones.
2. On October 29, 2001, the Commission's Miami, Florida,
Resident Agent Office issued a Notice of Apparent Liability for
Forfeiture in the amount of $7,000 to Lightning for the noted
violations.3 Lightning has not filed a response. Based on the
information before us, we affirm this forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,4 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,5 Lightning IS LIABLE FOR A MONETARY FORFEITURE in the
amount of seven thousand dollars ($7,000) for willfully and
repeatedly violating Section 302(b) of the Act and Section
2.803(a)(1) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules6 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.7
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 note
the NAL/Acct. No. 200232700002 and FRN 0006-2915-95. Requests
for full payment under an installment plan should be sent to:
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.8
5. 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, 150 S.E. 2nd Avenue, #500, Miami, Florida 33131.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 302(b).
2 47 C.F.R. § 2.803(a)(1).
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232700002 (Enf. Bur., Miami Office, released October 29,
2001).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.