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.

*****************************************************************



   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