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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                  )
                                 )
Accessory Connection, Inc.        )
c/o Jon Hannan, Jr.               )   File No. EB-02-TP-249
1205 Dewar Court                  )   NAL/Acct. No. 200232700019
Palm Bay, Florida 32905           )   FRN 0007-3078-12


                MEMORANDUM OPINION AND ORDER

Adopted:  May 5, 2004                   Released:   May   7, 
2004

By the Chief, Enforcement Bureau:

      1.  In this Memorandum  Opinion and Order (``Order''), 
 we   grant  the   petition  for   reconsideration  of   the 
 Forfeiture  Order1   issued  against Accessory  Connection, 
 Inc.  (``Accessory'').2   The Forfeiture  Order found  that 
 Accessory  operated  unauthorized  and non-compliant  radio 
 transmission  equipment in  willful and  repeated violation 
 of  Sections 301  and 302(b) of  the Communications  Act of 
 1934,  as   amended  (``Act''),3  and  imposed  a  monetary 
 forfeiture  in   the  amount  of  twenty  thousand  dollars 
 ($20,000) against Accessory.  

      2.  In  2002, the  Commission's Tampa,  Florida Office 
 (``Tampa   Office'')  responded   to  complaints   that  an 
 authorized  cellular radio  site located  in Jensen  Beach, 
 Florida  was  experiencing  interference  from  Accessory's 
 cellular  antenna light display unit  (``display unit'') at 
 a retail  kiosk located in the Treasure  Coast Square Mall, 
 Jensen  Beach,  Florida.   The Tampa  Office  investigated, 
 conducted on-site  inspections of Accessory's display unit, 
 used  field strength measurements,  and confirmed  that the 
 display unit  was causing interference.  The Tampa Office's 
 investigation    resulted    in   the    issuance   of    a 
 Citation/Warning on April  30, 2002,4 a Citation on May 22, 
 2002,5 and  ultimately the release of a  Notice of Apparent 
 Liability   on  August  5,  2002.6   The   NAL  found  that 
 Accessory  apparently  willfully  and  repeatedly  violated 
 Section  301 of  the Act,  by operating  radio transmission 
 equipment  without  Commission  authorization, and  Section 
 302(b)  of the Act,  by operating a radio  frequency device 
 that  was  not Commission  certified, exceeded  permissible 
 radiation limits,  and caused harmful interference. The NAL 
 upwardly  adjusted the $10,000  base forfeiture  amount and 
 proposed   a   $20,000   forfeiture,  because   Accessory's 
 operations  caused harmful  interference and  Accessory had 
 been issued prior citations.  

      3.  On  February  6,   2003,  the  Enforcement  Bureau 
 (``Bureau'')  released   a  Forfeiture  Order,7  having  no 
 record  of  receiving a  response  to  the NAL.   Accessory 
 filed  a petition  for reconsideration  on March  5, 2003,8 
 and  supplemented its  filing on April  27, 2004.9   In its 
 supplemental  filing,  Accessory  claims, and  the  Florida 
 State public  records confirm, that Accessory was dissolved 
 on  September 19,  2003, and  its status  was ``inactive.''  
 Given  that  the  company  has  been  dissolved,  and  that 
 neither   it    nor   its   principals   holds   Commission 
 authorizations,   we  believe  that  cancellation   of  the 
 $20,000  Forfeiture Order  is appropriate.  Consistent with 
 the  discretion accorded  to us  under 503(b)(2)(D)  of the 
 Act, 10 and  implemented by Section 1.80(i) of the Rules,11 
 as  well as recent precedent,12 we  therefore are canceling 
 the $20,000 forfeiture.   

      4.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
 Sections  405 and  504(b) of the  Act13 and  Sections 1.106 
 and   1.80(i)    of   the   Rules,14   the   Petition   for 
 Reconsideration filed  by Accessory Connection, Inc. of the 
 Bureau's  February 6, 2003  Forfeiture Order  for NAL/Acct. 
 No.  200232700019  IS GRANTED  and  the $20,000  forfeiture 
 issued to Accessory Connection, Inc. IS CANCELLED. 







      5.  IT IS  FURTHER ORDERED that  a copy of  this Order 
 shall  be sent  by First  Class and  Certified Mail  Return 
 Receipt  Requested to Accessory  Connection, Inc.,  c/o Jon 
 Hannan, Jr., 1205 Dewar Court, Palm Bay, Florida 32905.  

                              FEDERAL         COMMUNICATIONS 
COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau




_________________________

1  Accessory  Connection, Inc. c/o  Jon Hannan Jr.,  18 FCC 
Rcd 1550 (Enf. Bur. 2003) (``Forfeiture Order'').

2 See Letter from Jon R. Hannan, Jr., President, Accessory, 
Inc.  to  Federal   Communications  Commission,  Office  of 
Secretary (dated February 25, 2003).

3 47 U.S.C. §§ 301, 302(b).

4  Citation/Warning  of  Unlicensed Radio  Operation  (Enf. 
Bur., Tampa Office, issued on  site, April 30, 2002) (hand-
delivered    to    Amanda    Rodgers,    Accessory    sales 
representative)   (advising   that  display   unit,   which 
generated  radiofrequency  radiation, was  causing  harmful 
interference  to Commission  licensed cellular  operations, 
and was  neither authorized by  nor in compliance  with the 
Commission's  Part 15  equipment authorization  provisions, 
and  ordering  that  the  unit's  unlicensed  operation  be 
terminated).  

5  Citation (Enf.  Bur.,  Tampa Office,  sent by  certified 
mail, May  22, 2002)  (advising that  the operation  of the 
radio transmitting display unit  violated Section 302(b) of 
the  Act  because  it  was  not  Commission  authorized  or 
compliant, and may  violate Section 301 because  it was not 
Commission licensed, and that  such operation may result in 
the imposition of monetary fines).

6 Notice  of Apparent  Liability for  Forfeiture, NAL/Acct. 
No. 200232700019 (Enf. Bur.,  Tampa Office, August 5, 2002) 
(``NAL'').

7 See note 1, supra. 

8 See  note 2, supra.   In its petition, Accessory  did not 
dispute  that it  operated  unauthorized and  non-compliant 
radio  transmitting equipment,  but sought  cancellation or 
reduction  of  the  forfeiture   based  upon  its  lack  of 
knowledge that employees were  operating the equipment, its 
subsequent  remedial efforts,  and  its  inability to  pay.  
Given  our   disposition  herein,   we  need   not  address 
Accessory's claims.   

9 See Facsimile  from Jon R. Hannan, Jr.  to Holly Berland, 
Federal  Communications   Commission,  Enforcement  Bureau, 
Spectrum Enforcement Division (April 27, 2004).

10 47 U.S.C. § 503(b)(2)(D).

11 47 C.F.R. § 1.80(i).

12 See Grass Roots Broadcasting,  LLC, DA 04-602 (Enf. Bur. 
March 5,  2004); Madison  Broadcasting Group, Inc.,  18 FCC 
Rcd 4860 (Enf. Bur. 2003).

13 47 U.S.C. §§ 405 and 504(b).

14 47 C.F.R. §§ 1.106 and 1.80.