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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                    )                               
                                                                    
                                    )                               
     In the Matter of                    File Number: EB-05-SD-043  
                                    )                               
     Pacnet Incorporated                NAL/Acct. No: 200532940010  
                                    )                               
     San Diego (Otay), California                FRN: 0012-5042-13  
                                    )                               
                                                                    
                                    )                               


                                FORFEITURE ORDER

   Adopted: September 12, 2006 Released: September 14, 2006

   By the Regional Director, Western Region, Enforcement Bureau:

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Pacnet Incorporated
       ("Pacnet"), in San Diego, California (Otay Mesa area), for willful and
       repeated violation of Section 301 of the Communications Act of 1934,
       as amended, ("Act"). The noted violation involves Pacnet's operation
       of an unlicensed microwave radio station on microwave channel 22775.0
       MHz.

   2. On September 28, 2005, the District Director of the Enforcement
   Bureau's San Diego Office issued a Notice of Apparent Liability for
   Forfeiture ("NAL") in the amount of $10,000 to Pacnet. On October 11,
   2005, an attorney for Gary Kremen ("Kremen") notified the San Diego Office
   that the United States District Court for the Northern District of
   California ordered the assets of Pacnet be turned over to Kremen. Despite
   repeated contacts by the San Diego Office, neither Pacnet, nor Kremen, has
   filed a response to the NAL. Based on the information before us, we affirm
   the forfeiture.

   3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended ("Act"), and Sections 0.111, 0.311
   and 1.80(f)(4) of the Commission's Rules, Pacnet Incorporated, IS LIABLE
   FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and
   repeatedly violating Section 301 of the Act by operating a microwave radio
   station without authorization.

   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. 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
   Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
   15251-8340.  Payment by overnight mail may be sent to Mellon
   Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.
   Payment by wire transfer may be made to ABA Number 043000261, receiving
   bank Mellon Bank, and account number 911-6106. Requests for full payment
   under an installment plan should be sent to: Associate Managing Director -
   Financial Operations, Room 1A625, 445 12th Street, S.W., Washington, D.C.
   20554.

   5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
   Class Mail and Certified Mail Return Receipt Requested to Pacnet
   Incorporated, at its address of record, Gary Kremen, and Timothy Dillon,
   Esquire, his counsel of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 U.S.C. S 301.

   47 C.F.R. S 101.147(s).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940010
   (Enf. Bur., Western Region, San Diego Office, released September 28,
   2005).

   Kremen v. Cohen, et al. Case No.: C 98 20718 JW PVT (N.D. Cal. Sept. 28,
   2005).

   47 U.S.C. S 503(b).

   47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   47 U.S.C. S 504(a).

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-1786

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   Federal Communications Commission DA 06-1786