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November 28, 2006
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE
Reef Fanatic, Inc.
5410 Barker Lane
Indianapolis, Indiana 46236
Re: File No. EB-06-SE-275
Dear Sir or Madam:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S 503(b)(5), for
failure to respond fully to directives of the Enforcement Bureau to
provide certain information and documents. As explained below, future
violations of Commission orders in this regard may subject your company to
monetary forfeitures.
Sections 4(i), 4(j), and 403 of Act, 47 U.S.C. SS 154 (i), 154 (j) and
403, afford the Commission broad authority to investigate the entities it
regulates. Section 4(i) authorizes the Commission to "issue such orders,
not inconsistent with this Act, as may be necessary in the execution of
its functions." Section 4(j) states that "the Commission may conduct its
proceedings in such manner as will best conduce to the proper dispatch
business and to the ends of justice." Section 403 grants the Commission
"full authority and power at any time to institute an inquiry, on its own
motion, in any case and as to any matter or thing concerning which
complaint is authorized to be made, to or before the Commission by any
provision of this Act, or concerning which any question may arise under
any of the provisions of this Act." Pursuant to this authority, we sent
you letters of inquiry (LOIs) (copies enclosed) directing you to provide
certain information and documents on July 18, October 3 and October 27,
2006. The LOIs ordered you to provide information no later than August,
29, October 17 and November 13, 2006, respectively. You did not initially
respond to the first LOI, sent July 18, 2006, and filed only a partial
response the follow-up LOI, sent October 3, 2006. As of this date, we have
received no response to the second follow-up LOI, sent October 27, 2006.
Your partial response indicates that you received both the first LOI and
the follow-up LOI. A facsimile transmission report and a certified mail
receipt indicate that you received the second follow-up LOI. Accordingly,
we find that you violated Commission orders by failing to respond fully to
Enforcement Bureau directives to provide certain information and
documents.
A party may not ignore the directives in a Bureau inquiry letter. You are
again ordered, pursuant to Sections 4(i), 4(j) and 403 of the Act, to
provide the information sought by our letter October 27, 2006. You must
provide this information within 14 days of the date of this citation. If
sent by mail, this information should be sent to Thomas D. Fitz-Gibbon,
Spectrum Enforcement Division, Enforcement Bureau, Federal Communications
Commission, 445 12^th Street, S.W., Room 3-A460, Washington, D.C. 20554.
If sent by messenger or hand delivery, this information should be sent to
the attention of Thomas D. Fitz-Gibbon, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission, c/o NATEK, 9300
East Hampton Drive, Capitol Heights, Maryland 20743. Reef Fanatic must
also transmit a copy of this information via facsimile to 202-418-7290.
If, after receipt of this citation, Reef Fanatic violates the
Communications Act or the Commission's rules in any manner described
herein, the Commission may impose monetary forfeitures not to exceed
$11,000 for each such violation or each day of a continuing violation.
If you choose to do so, you may respond to this citation within 30 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business, or (2) a
written statement. Your response should specify the actions that Reef
Fanatic is taking to ensure that it files full and timely responses to
Commission correspondence in the future.
The nearest Commission field office is the Chicago Office in Park Ridge,
IL. Please call Thomas D. Fitz-Gibbon at 202-418-0693 if you wish to
schedule a personal interview. You should schedule any interview to take
place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to Thomas D.
Fitz-Gibbon at one of the addresses indicated above.
Under the Privacy Act of 1974, 5 U.S.C. S 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Enclosures
cc: Jeffrey S. Jackson, Esq.
See, e.g., SBC Communications, Inc., 17 FCC Rcd 7589, 7591 P4 (2002) ("SBC
Communications"). In SBC Communications, the Commission assessed a
$100,000 forfeiture against a carrier for its willful refusal to supply a
sworn declaration in response to an Enforcement Bureau letter of inquiry.
The Commission stated: "[T]he order here was squarely within the
Commission's authority and, in any event, parties are required to comply
with Commission orders even if they believe them to be outside the
Commission's authority." Id. at P5.
See 47 C.F.R. S 1.80(b)(3).
Federal Communications Commission DA 06-2354
2
Federal Communications Commission DA 06-2354
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554