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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Business Cell Systems ) File Number EB-02-AT-
415
Owner of Antenna Structure #1216842 near Tellico )
NAL/Acct. No. 200332480015
Plains, Tennessee ) FRN: 0005-8658-60
Athens, Tennessee )
)
MEMORANDUM OPINION AND ORDER
Adopted: October 13, 2004 Released:
October 15, 2004
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we grant the Petition for Reconsideration of the
Enforcement Bureau's Forfeiture Order1 in the above
captioned matter filed by Business Cell Systems
(``Business Cell'') on August 26, 2004. Business
Cell seeks cancellation or reduction of the
forfeiture because of inability to pay. Based on
our review of the financial information provided by
Business Cell, we conclude that an eight thousand
dollar ($8,000) forfeiture would impose a financial
hardship on the licensee. Therefore, we reduce the
forfeiture to one thousand dollars ($1,000).
2. Accordingly, IT IS ORDERED that, pursuant to
Section 405 of the Communications Act of 1934 as
amended, and Sections 1.80(i) and 1.106 of the
Rules,2 Business Cell's Petition for
Reconsideration IS GRANTED, and the $8,000
forfeiture is reduced to one thousand dollars
($1,000) for Business Cell's willful and repeated
violation of Section 17.51(b) of the Rules.
3. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the
Commission's Rules3 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.4
Payment may be made by credit card through the
Commission's Credit and Debt Management Center at
(202) 418-1995 or 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. Payment by overnight mail may
be sent to Bank One/LB 73482, 525 West Monroe, 8th
Floor Mailroom, Chicago, Illinois 60661. Payment
by wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account
number 1165259. The payment must include the FCC
Registration Number (FRN) and the NAL/Acct. No.
referenced in the caption. 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. 20554.5
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by Certified Mail, Return Receipt
Requested, and by First Class Mail to Business Cell
Systems, P.O. Box 1374, Athens, TN 37371.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 19 FCC Rcd 13847 (Enf. Bur. 2004).
2 47 U.S.C. § 405; 47 C.F.R. § § 1.80(i) and 1.106.
3 47 C.F.R. § 1.80.
4 47 U.S.C. § 504(a).
5 See 47 C.F.R. § 1.1914.