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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of File No. EB-06-SE-325
)
Imperial Sugar Company NAL/Acct. No. 200732100017
)
Sugar Land, Texas FRN # 0015230519
)
FORFEITURE ORDER
Adopted: September 25, 2007 Released: September 27, 2007
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of five thousand two hundred dollars ($5,200) against
Imperial Sugar Company ("Imperial") for willful and repeated violation
of Section 301 of the Communications Act of 1934, as amended ("Act"),
and Sections 1.903(a) and 1.949(a) of the Commission's Rules
("Rules"). The noted violations involve Imperial's operation of
Private Land Mobile Radio Service ("PLMRS") station WPPD863 without
Commission authority and for failure to file a timely renewal
application for the station.
2. On March 15, 2007, the Spectrum Enforcement Division issued a Notice
of Apparent Liability for Forfeiture ("NAL") in the amount of $5,200
to Imperial. Imperial 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, Imperial Sugar
Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of five
thousand two hundred dollars ($5,200) for willfully and repeatedly
violating Section 301 of the Act and Sections 1.903(a) and 1.949(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 credit card through the Commission's Debt and Credit Management
Center at (202) 418-1995, or 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. A request for full payment under an installment plan
should be sent to: Associate Managing Director - Financial Operations,
445 12th Street, SW, Room 1-A625, 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 William F. Schwer, Senior Vice-President and General Counsel,
Imperial Sugar Company, P.O. Box 9, 8016 Highway 90 A, Sugar Land,
Texas 77487.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903(a) and 1.949(a).
Imperial Sugar Company, Notice of Apparent Liability for Forfeiture, 22
FCC Rcd 4987 (Enf. Bur., Spectrum Enf. Div. 2007).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311 and 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 07-4037
2
Federal Communications Commission DA 07-4037