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Before the
Federal Communications Commission
Washington, D.C. 20554
)
Eagle West Communications, Inc.
)
Operator of Cable Television System File Number: EB-06-SD-177
)
Community Unit ID: AZ0342 NAL/Acct. No.: 200732940001
)
Physical System ID: 002292 FRN: 0004979126
)
Mesa, Arizona
)
FORFEITURE ORDER
Adopted: January 31, 2007 Released: February 2, 2007
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of eight thousand dollars ($8,000) to Eagle West
Communications, Inc. ("Eagle West"), owner of a cable system serving
Mesa, Arizona, for willfully and repeatedly violating Section 11.35 of
the Commission's Rules ("Rules"). The noted violation involves failing
to ensure the operational readiness of the Emergency Alert System
("EAS") equipment in the Eagle West cable system in Mesa, Arizona.
2. On November 8, 2006, the District Director of the Enforcement Bureau's
San Diego Office issued a Notice of Apparent Liability for Forfeiture
("NAL") in the amount of $8,000 to Eagle West. Despite repeated contacts
by the San Diego Office, Eagle West has not 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 Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Eagle
West Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $8,000 for willfully and repeatedly violating Section 11.35 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: 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 Eagle West
Communications, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 C.F.R. S 11.35.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732940001
(Enf. Bur., Western Region, San Diego Office, released November 8, 2006).
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 C.F.R. S 11.35.
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-451
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Federal Communications Commission DA 07-451