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 ) File No. EB-04-SE-123
)
Gibson Tech Ed, Inc. ) NAL/Acct. No. 200532100013
)
Orem, Utah ) FRN # 0007050479
)
)
)
FORFEITURE ORDER
Adopted: March 17, 2006 Released: March 21, 2006
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 Gibson Tech
Ed, Inc. ("Gibson") for willful and repeated violation of Section
302(b) of the Communications Act of 1934, as amended ("Act"), and
Section 2.803(a) of the Commission's Rules ("Rules"). The noted
violations involve Gibson marketing of two models (R-FM25B-WT) and
(R-FM100B-WT) of unauthorized FM broadcast transmitters.
2. On September 1, 2005, the Enforcement Bureau, Spectrum Enforcement
Division issued a Notice of Apparent Liability for Forfeiture ("NAL")
in the amount of $14,000 to Gibson. Gibson 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
Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Gibson
Tech Ed, 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. 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: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.
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 Gibson Tech Ed, Inc., 1053 S. 1680 W., Orem, Utah 84058, and to its
counsel, Howard J. Barr, Esquire, Womble, Carlyle Sandridge & Rice,
1401 I Street, N.W., Washington, D.C. 20005
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S 302a(b).
47 C.F.R. S 2.803(a).
Gibson Tech Ed, Inc., 20 FCC Rcd 14438 (Enf. Bur., Spectrum Enforcement
Division, 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.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 06-606
2
Federal Communications Commission DA 06-606