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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Pend Oreille ) File No. EB-03-TC-123
Telephone Company ) NAL/Acct. No. 200432170001
) FRN: 0007838568
Apparent Liability for )
Forfeiture
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 24, 2004 Released: May 24, 2004
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find that Pend Oreille Telephone
Company (``Pend Oreille'') apparently violated section
214(e)(1)(B) of the Communications Act of 1934, as amended (the
``Act''),1 and sections 54.405(b) and 54.411(d) of the
Commission's rules, by willfully and repeatedly failing to
publicize the availability of Lifeline and Link-Up services ``in
a manner reasonably designed to reach those likely to qualify''
for the services.2 Specifically, Pend Oreille failed to
advertise Lifeline or Link-Up to low-income residents on tribal
lands within its service territory. Based upon our review of
the facts and circumstances surrounding the apparent violations,
we find Pend Oreille apparently liable for a forfeiture in the
amount of $25,000. We further find that Pend Oreille failed to
comply with a directive of the Enforcement Bureau (``Bureau'')
to provide certain information and documents. We admonish Pend
Oreille for this violation. Finally, we require Pend Oreille to
file a report with the Enforcement Bureau within 60 days of this
NAL regarding whether it has come into compliance with the Act
and the Commission's rules and orders regarding the obligation
to advertise the availability of Lifeline and Link-Up ``in a
manner reasonably designed to reach those likely to qualify''
for the services.
II. BACKGROUND
2. Section 214(e)(1)(B) of the Act provides the statutory
basis for the action we take herein.3 Lifeline and
Link-Up are universal service support mechanisms that
provide for discounted services to low-income
consumers. Lifeline provides low-income consumers with
discounts on the monthly cost of telephone service for
a single telephone line in their principle residence.4
Link-Up provides low-income consumers with discounts on
the initial costs of installing telephone service.5
Recognizing the unique needs and characteristics of
tribal communities, Lifeline and Link-Up provide
qualifying low-income individuals living on tribal
lands with larger discounts than any other group -- up
to $25 more in Lifeline support and $70 more in Link-Up
discounts.6
3. Pend Oreille is an eligible telecommunications carrier
(``ETC''), i.e., a telephone company eligible to
receive universal service support in accordance with
section 254 of the Act.7 Pend Oreille has been an ETC
since 1998. The only tribal land Pend Oreille serves
is the Kalispel Reservation in Usk, Washington, which
was established as a federal reservation by an
Executive Order in 1914 by President Woodrow Wilson.8
On October 7, 2003, based on concerns raised informally
with the Bureau by tribal leaders, the Bureau sent a
Letter of Inquiry (``LOI'') to Pend Oreille,9 stating
that it was investigating whether it was satisfying its
obligation under sections 54.405(b) and 54.411(d) of
the Commission's rules to publicize the availability of
Lifeline and Link-Up services to low-income residents
on tribal lands ``in a manner reasonably designed to
reach those likely to qualify'' for those services.10
The LOI directed Pend Oreille to describe any action it
had taken over the past year to satisfy sections
54.405(b) and 54.411(d) and to support its response
with recordings or transcripts of any radio or
television advertisements, written material, or
narrative descriptions with accompanying documentation
of any other outreach, such as coordination with social
service agencies, contact with tribes that administer
any relevant government assistance programs, or
personal letters to eligible customers.
4. Pend Oreille's response to the LOI was due on November
15, 2003, but Pend Oreille failed to respond by that date. The
Bureau subsequently contacted Pend Oreille about its failure to
respond, and Pend Oreille explained that it had misplaced the
LOI but would respond shortly.11 On December 11, 2003, almost a
full month past the due date, Pend Oreille submitted its
response to the LOI. The response, however, did not include the
affidavits or declarations required by the LOI.12 Furthermore,
Pend Oreille failed to include the one attachment it referenced
in support of its alleged outreach effort to Native Americans.
On December 16, 2003, the Bureau once again contacted Pend
Oreille and directed that the company amend its filing to
include the omitted information, which it did the following day.
5.In its response, Pend Oreille did not identify any
outreach or advertising that referenced either the Lifeline or
Link-Up services. The only advertisement or outreach to which
Pend Oreille referred merely describes the full rate, non-
discounted services offered by the company, without any
reference to Lifeline or Link-Up services. The company did not
provide an explanation as to why it has not taken any action to
publicize the availability of Lifeline and Link-Up services on
tribal lands.
III. DISCUSSION
6. The Commission has authority under section
503(b)(1)(B) of the Act to assess a forfeiture penalty against a
common carrier if the Commission determines that the carrier has
"willfully or repeatedly" failed to comply with the provisions of
the Act or with any rule, regulation, or order issued by the
Commission under the Act.13 For a violation to be willful, it
need not be intentional.14
7.As noted above, the scope of this investigation is
limited to Pend Oreille's efforts to advertise the availability
of Lifeline and Link-up services throughout a portion of its
service area, the Kalispel Reservation.15 Thus, the issue in
this case is whether Pend Oreille has advertised the availability
of Lifeline and Link-Up services to low-income residents on
tribal lands as required by the Act and the Commission's rules.16
As an ETC, Pend Oreille must meet this statutory obligation. We
find that Pend Oreille did not.
8.As stated above, the Commission's rules require ETCs to
publicize the availability of Lifeline and Link-Up services ``in
a manner reasonably designed to reach those likely to qualify''
for the services.17 Although these rules apply to all ETCs,
regardless of whether they serve tribal lands, in adopting them
the Commission intended, in part, to promote discounted services
to low-income individuals living on tribal lands.18 Those living
on tribal lands are generally ``likely to qualify'' for Lifeline
and Link-Up.19 Indeed, data from the 2000 Census show that 30
percent of families on the Kalispel reservation are below the
poverty line.20 Requiring ETCs to publicize the availability of
low-income services to tribal communities is critical to the
fulfillment of section 254(i) of the Act's mandate that universal
service be available at rates that are just, reasonable and
affordable.21
9. The Commission's rules give ETCs flexibility
in deciding the type of outreach that is ``reasonably designed to
reach those likely to qualify'' for the services.22 In Pend
Oreille's circumstances, however, its response to the Bureau's
LOI indicates that it did nothing whatsoever to comply with the
Commission's rules. The single document Pend Oreille submits as
evidence that it did any advertising at all relevant to this
investigation omits any mention of its Lifeline or Link-Up
offerings. Furthermore, Pend Oreille admits that only five
Native Americans living on the Kalispel Reservation receive
Lifeline and Link-Up services.23 Based on these facts, we find
that Pend Oreille apparently violated the Commission's rules by
failing to publicize the availability of Lifeline and Link-Up
services to low-income consumers residing on tribal lands.
10. With regard to Pend Oreille's late filing and
omission of relevant information, we find that Pend Oreille
violated a Commission order by failing to comply with the LOI.
Although the company claims that the LOI was sent to an incorrect
address, it did receive it in ample time to respond in a timely
manner.24 Rather than addressing the Bureau's inquiry, Pend
Oreille apparently lost the document among other ``miscellaneous
correspondence'' and, when contacted by the Bureau several weeks
after the response was due, answered the LOI in an incomplete
manner. Pend Oreille's apparent negligence in first misplacing a
Commission directive, and then submitting an incomplete response,
demonstrates a lack of respect for the Commission's authority
which, in turn, undermined this investigation. We therefore
admonish Pend Oreille for this violation of our order.
IV. FORFEITURE AMOUNT
11. Section 503(b) of the Communications Act authorizes the
Commission to assess a forfeiture of up to $120,000 for each
violation of the Act or of any rule, regulation, or order issued
by the Commission under the Act.25 In exercising such authority,
we are required to take into account "the nature, circumstances,
extent, and gravity of the violation and, with respect to the
violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require."26 In addition, the Commission has established
guidelines for forfeiture amounts and, where there is no specific
base amount for a violation, retained discretion to set an amount
on a case-by-case basis.27
12. The Commission's forfeiture guidelines do not address
the specific violation at issue in this proceeding. In
determining the proper forfeiture amount in this case, however,
we note that the Commission has made clear that the provision of
universal service throughout the country represents one of the
primary goals of the Act.28 Congress intended all regions of the
Nation, including low-income consumers and those in rural,
insular, and high cost areas, to have access to
telecommunications and information services at rates that are
reasonable and affordable.29 All of the universal service
support mechanisms, including the requirement to publicize the
availability of low-income services, are necessary to effectuate
this central statutory goal. As we have noted in previous
proceedings where carriers have undermined our universal service
goals by disregarding their regulatory obligations, we find Pend
Oreille's violations of the Commission's rules substantially
damaging to a program that is both an important congressional
goal and a primary focus of this Commission.30 Pend Oreille
appears to have violated two Commission rules section 54.405(b)
by failing to publicize the availability of Lifeline discounts to
low-income residence of the Kalispel Reservation, and 54.411(d)
by similarly failing to publicize the availability of Link-Up
discounts. In light of the circumstances present in this case,
we determine that a forfeiture of $25,000 is reasonable, and
propose a total forfeiture in that amount.31
13. Pend Oreille will have the opportunity to submit
further evidence and arguments in response to this NAL to show
that no forfeiture should be imposed or that some lesser amount
should be assessed.32
V. CONCLUSIONS AND ORDERING CLAUSES
14. We have determined that Pend Oreille has
apparently violated 214(e)(1)(B) of the Act, and sections
54.405(b) and 54.411(d) of the Commission's rules by willfully or
repeatedly failing to publicize the availability of Lifeline and
Link-Up services to low-income residents of tribal lands in a
manner reasonably designed to reach those likely to qualify for
the service or support. We find Pend Oreille apparently liable
for $25,000. We also admonish the company for failing to respond
in a timely and thorough manner to a Commission directive.
15. Accordingly, IT IS ORDERED, pursuant to
503(b) of the Communications Act of 1934, as amended, 47 U.S.C. §
503(b), and sections 0.111, 0.311 and 1.80 of the Commission's
rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80 that Pend Oreille
Telephone Company IS HEREBY NOTIFIED of an Apparent Liability for
Forfeiture in the amount of $25,000 for willful and repeated
violations of Section 214(e)(1)(B) of the Act, 47 U.S.C. §
214(e)(1)(B) and sections 54.405(b) and 54.411(d) of the
Commission's rules 47 C.F.R §§ 54.405(b), 54.411(d) as described
in the paragraphs above. 33
16. IT IS FURTHER ORDERED, pursuant to section
1.80 of the Commission's rules, 47 C.F.R. § 1.80, that within
thirty (30) days of the release of this Notice of Apparent
Liability, Pend Oreille Telephone Company SHALL PAY the full
amount of the proposed forfeiture34 OR SHALL FILE a response
showing why the proposed forfeiture should not be imposed or
should be reduced.35
17. IT IS FURTHER ORDERED that Pend Oreille SHALL
FILE a report with the Chief, Telecommunications Consumers
Division, Enforcement Bureau, FCC, within 60 days from the
release of this Notice, on whether it has come into compliance
with the Act and the Commission's rules and orders regarding the
obligation to advertise the availability of Lifeline and Link-Up
``in a manner reasonably designed to reach those likely to
qualify'' for the services. The report should provide details
describing Pend Oreille's compliance actions.36
18. The Commission will not consider
reducing or canceling a forfeiture in response to a claim of
inability to pay unless the petitioner submits: (1) federal tax
returns for the most recent three-year period; (2) financial
statements prepared according to generally accepted accounting
practices (``GAAP''); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
19. Requests for payment of the full amount of
this Notice of Apparent Liability under an installment plan
should be sent to: Chief, Revenue and Receivables Operations
Group, 445 12th Street, S.W., Washington, D.C., 20554.37
20. IT IS FURTHER ORDERED that Pend Oreille IS ADMONISHED
for failing to respond timely and thoroughly to a Commission
directive.
21. Under the Small Business Paperwork Relief Act
of 2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the size
of entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this Notice of Apparent Liability, either in your
response to the NAL or in a separate filing to be sent to the
Telecommunications Consumers Division. Your certification should
indicate whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the list
provided by the FCC's Office of Communications Business
Opportunities (``OCBO'') set forth in Attachment A of this NAL.
This information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Act. If you have questions regarding any of the
information contained in Attachment A, please contact OCBO at
(202) 418-0990.
22. IT IS FURTHER ORDERED that copies of this Notice of
Apparent Liability SHALL BE SENT by certified mail, return
receipt requested, to Mark R. Martell, Assistant Manager, Pend
Oreille Telephone Company, 892 W. Madison Avenue, Glenns Ferry,
ID 83623.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
ATTACHMENT A
FCC List of Small Entities
As described below, a ``small entity'' may be a
small organization,
a small governmental jurisdiction, or a small
business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned and
operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and operated
and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual Receipts
or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions for
calculating average annual receipts and average employment of
a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual Receipts
or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts or
Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than $40M
in annual gross revenues for
three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for the
preceding three years (includes
affiliates and controlling
principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three calendar
years (includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual Receipts
or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after federal
income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for the
preceding three years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and persons
or entities that hold interest
in such entity and their
affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual Receipts
or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for the
preceding three years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and persons
or entities that hold interest
in such entity and their
affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual Receipts
or Less
Hotels and Motels $6 Million in Annual Receipts or
Less
Tower Owners (See Lessee's Type of Business)
_________________________
1 47 U.S.C. § 214(e)(1)(B).
2 47 C.F.R. §§ 54.405(b), 54.411(d).
3 Section 214(e)(1)(B) of the Communications Act, 47
U.S.C § 214(e)(1)(B), states: ``A common carrier designated as
an eligible telecommunications carrier under paragraph (2), (3),
or (6) shall be eligible to receive universal service support in
accordance with section 254 and shall, throughout the service
area for which the designation is received advertise the
availability of such services and the charges therefor using
media of general distribution.''
4 47 C.F.R. § 54.401(a)(2); In the Matter of Federal-
State Joint Board on Universal Service, Report and Order, 12 FCC
Rcd 8776, 8957, ¶ 341(1997).
5 47 C.F.R. § 54.411(a)(1).
6 47 C.F.R. §§ 54.403(a)(4), 54.411(a)(3). ``Tier four''
support provides eligible subscribers living on tribal lands up
to an additional $25 per month towards reducing basic local
service rates, but this discount can not bring the subscriber's
cost for basic local service to less than $1. See 47 C.F.R. §
54.403.
7 47 U.S.C. § 254. See also, Letter from Pend Oreille
Telephone Company to Colleen Heitkamp, Chief, Telecommunications
Consumers Division, Enforcement Bureau (Dec. 9, 2003) (``Response
to LOI'').
8 See United States v. Pend Oreille Public Utility
District, 926 F. 2d 1502, 1504 (9th Cir. 1991).
9 See Letter of Inquiry from Colleen Heitkamp, Chief,
Telecommunications Consumers Division, Enforcement Bureau, to
Pend Oreille Telephone Company (Oct. 7, 2003).
10 Based on concerns that low-income residents on tribal lands
may not be aware of the benefits of Lifeline and Link-Up, the
scope of the investigation was limited to ETCs' efforts to
publicize Lifeline and Link-Up to eligible residents on tribal
lands.
11 Pend Oreille apparently lost the document among other
``miscellaneous correspondence.''
12 The LOI specifically directed Pend Oreille to produce
affidavits and declarations signed by an authorized officer,
stating that all of the information requested by the LOI in the
company's possession, custody, control or knowledge had been
produced, and that the information was true and correct.
13 47 U.S.C. § 503(b)(1)(B).
14 Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
15 See supra, n. 9.
16 See 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. §§ 54.405(b),
54.411(d).
17 47 C.F.R. §§ 54.405(b), 54.411(d).
18 See In the Matter of Federal-State Joint Board on Universal
Service, Twelfth Report and Order, 15 FCC Rcd 12208, 12224, ¶ 26
(2000) (``Twelfth Report and Order'').
19 See id., at 12208, ¶ 27 (``[F]ederal statistics reveal that
tribal communities are among the poorest populations in the
United States'').
20 See 2000 Census, Table DP-3 at
http://www.censtats.census.gov/data/US/2501735.pdf. The same
data indicate that 206 people live on the Kalispel Reservation.
See id. at Table DP-1.
21 47 U.S.C. § 254(i).
22 We do, however, require an ETC to identify communities with
the lowest subscribership levels within its service territory and
make appropriate efforts to reach qualifying individuals within
those communities. For example, we would expect a carrier to take
into consideration the cultural and linguistic characteristics of
low-income communities within its service territory as well as
the efficacy of particular methods in reaching the greatest
number of qualifying low-income individuals within those
communities. See Twelfth Report and Order, 15 FCC Rcd at 12250,
¶ 79. See also Lifeline and Link-Up, Report and Order and
Further Notice of Proposed Rulemaking, WC Docket No. 03-109, 2004
WL 912459, ¶¶ 44-49, 58 (rel. April 29, 2004) (adopting outreach
guidelines and proposing outreach requirements).
23 See Response to LOI.
24 Pend Oreille acknowledges that it received the LOI in late
October. See id.
25 Section 503(b)(2)(B) provides for forfeitures up to
$100,000 for each violation or a maximum of $1,000,000 for each
continuing violation by common carriers or an applicant for any
common carrier license, permit, certificate or similar
instrument. 47 U.S.C. § 503(b)(2)(B). The Commission amended
its rules by adding a new subsection to its monetary forfeiture
provisions that incorporates by reference the inflation
adjustment requirements contained in the Debt Collection
Improvement Act of 1996 (DCIA), Pub L. No. 104-134, § 31001, 110
Stat. 1321 (1996). Thus, the maximum statutory forfeiture per
violation pursuant to section 503(b)(2)(B) increased from
$100,000 to $120,000. See Amendment of Section 1.80(b) of the
Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
Inflation, 15 FCC Rcd 18221 (2000).
26 See 47 U.S.C. § 503(b)(2)(D); see also The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the
Commission's Rules, 12 FCC Rcd 17087 (1997) (``Forfeiture Policy
Statement''); recon. denied, 15 FCC Rcd 303 (1999).
27 Forfeiture Policy Statement, 12 FCC Rcd 17098-99, ¶ 22.
28 See Conquest Operator Services Corp., Apparent Liability for
Forfeiture, 14 FCC Rcd 12518, 12526 (1999) (citing Pub. L. No.
104-104, 110 Stat. 56 (1996)) (``Conquest'').
29 47 U.S.C. § 254(b)(1); see also 47 U.S.C. § 254(b)(3).
30 See Conquest, 14 FCC Rcd at 12527.
31 47 U.S.C. § 503(b)(4)(A).
32 47 U.S.C. § 503(b)(4)(C); 47 C.F.R. § 1.80(f)(3).
33 47 U.S.C. § 214(e)(1)(B); 47 C.F.R. §§ 54.405(b),
54.411(d).
34 The forfeiture amount should be paid by check or money
order drawn to the order of the Federal Communications
Commission. Pend Oreille should include the reference
``NAL/Acct. No. 200432170001 '' on its check or money order.
Such remittance must be mailed to Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box.
73482, Chicago, Illinois 60673-7482. 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. See 47 C.F.R. § 1.1914.
35
If Pend Oreille chooses to respond, it should mail its response
to Colleen Heitkamp, Chief, Telecommunications Consumers
Division, Enforcement Bureau, Federal Communications Commission,
445 12th Street, S.W. Room 3-C365, Washington, D.C. 20554, and
must include the file number listed above. It should also send
an electronic copy of its response to Mark Stone, Deputy Chief,
Telecommunications Consumers Division, at mark.stone@fcc.gov and
Cynthia Bryant, Attorney, Telecommunications Consumers Division,
at cynthia.bryant@fcc.gov.
36 To comply with this Ordering Clause, Pend Oreille should
follow the requirements n.35 supra.
37 47 C.F.R. § 1.1914.