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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File Number: EB-07-SD-371
)
Action Communications, Inc. NAL/Acct. No.: 200832940002
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Tucson, Arizona FRN: 0004527958
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)
FORFEITURE ORDER
Adopted: May 28, 2008 Released: May 30, 2008
By the Regional Director, Western Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Action Communications,
Inc. ("Action"), licensee of Commercial Mobile Radio Service and
Specialized Mobile Radio stations in Tucson, Arizona, for willful and
repeated violations Sections 308(b) and 403 of the Communications Act
of 1934, as amended ("Act"). The noted violations involve Action's
failure to respond to Commission correspondence requiring written
statements of fact relating to the operation of a General Mobile Radio
Service ("GMRS") station.
2. On February 25, 2008, the District Director of the Enforcement Bureau's
San Diego Office issued a Notice of Apparent Liability for Forfeiture
("NAL") in the amount of $4,000 to Action. Despite evidence that Action
received the NAL, Action 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, Action
Communications, Inc., IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$4,000 for willfully and repeatedly violating Sections 308(b) and 403 of
the Act.
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/Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government Lockbox
#979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment
by wire transfer may be made to ABA Number 021030004, receiving bank
TREAS/NYC, and account number 27000001. For payment by credit card, an FCC
Form 159 (Remittance Advice) must be submitted. When completing the FCC
Form 159, enter the NAL/Account number in block number 23A (call
sign/other ID), and enter the letters "FORF" in block number 24A (payment
type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
Action Communications, Inc., shall also send electronic notification on
the date said payment is made to WR-Response@fcc.gov.
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 Action
Communications, Inc., at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 U.S.C. S:S: 308(b), 403.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832940002
(Enf. Bur., Western Region, San Diego Office, released February 25, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S:S: 308(b), 403.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 08-1226
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Federal Communications Commission DA 08-1226