Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
VIA Technologies, Inc. ) File No. EB-02-TS-701
) NAL/Acct. No. 200532100001
) FRN # 0011606399
)
)
)
FORFEITURE ORDER
Adopted: December 17, 2004 Released: December 21,
2004
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of fourteen thousand dollars
($14,000) against VIA Technologies, Inc. (``VIA'') for importing
and marketing in the United States unauthorized radio frequency
devices, specifically, its model EPIA-M and EPIA-CL computer
central processing unit (``CPU'') boards, in willful and repeated
violation of Section 302(b) of the Communications Act of 1934, as
amended (``Act''),1 and Section 2.803(a) of the Commission's
Rules (``Rules'').2
2. On October 6, 2004, the Spectrum Enforcement Division
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $14,000 to VIA.3 VIA has not filed a response to
the NAL. Based on the information before us, we affirm this
forfeiture.
3. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act4, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,5 VIA Technologies, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of fourteen thousand dollars ($14,000)
for willfully and repeatedly violating Section 302(b) of the Act
and Section 2.803(a) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules 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.6
Payment of the forfeiture must be made by check or similar
instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Acct. No. and FRN
No. referenced above. Payment by check or money order may be
mailed to Forfeiture Collection Section, Finance Branch, 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, IL 60661.
Payment by wire transfer may be made to ABA Number 071000013,
receiving bank Bank One, and account number 1165259. Requests
for full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.7
5. IT IS FURTHER ORDERED that a copy of this Forfeiture
Order shall be sent by first class mail and certified mail return
receipt requested to VIA Technologies, Inc., 940 Mission Court,
Fremont, CA 94539, and to its counsel, Douglas L. Povich, Esq.,
Squire, Sanders & Dempsey L.L.P., 14th Floor, 8000 Towers
Crescent Drive, Tysons Corner, VA 22182-2700.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
_________________________
1 47 U.S.C. § 302a(b).
2 47 C.F.R. § 2.803(a).
3 VIA Technologies, Inc., 19 FCC Rcd 19526 (2004).
4 47 U.S.C. § 503(b).
5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.