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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                               
                                                                         
                                         )   File No. EB-07-SE-138       
     In the Matter of                                                    
                                         )   NAL/Acct. No. 200832100013  
     Able Infosat Communications, Inc.                                   
                                         )   FRN # 0001643568            
                                                                         
                                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  January  28, 2008     Released:  January  30, 2008 

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Able
       Infosat Communications, Inc. ("Able Infosat"), licensee of Very Small
       Aperture Terminal ("VSAT") system, earth station call sign E070072,
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000) for operating its Canada-based satellite system in
       the United States without Commission authority, in apparent willful
       and repeated violation of Section 301 of the Communications Act of
       1934, as amended ("Act") and Section 25.102(a)  of the Commission's
       Rules ("Rules").

   II. background

    2. Able Infosat is a wholly-owned subsidiary of Infosat Communications,
       Inc. ("Infosat Canada"), a Canadian company that provides fixed and
       mobile satellite communications services in Canada reselling satellite
       communications capacity of Telesat Canada, Inmarsat, Mobile Satellite
       Ventures and Iridium. According to Able Infosat, in the late 1990s,
       Infosat Canada established a U.S. subsidiary, Infosat US, to meet the
       mobile satellite needs of its customers doing business in the United
       States. In 2006, Infosat Canada acquired Able Communications, Inc., a
       U.S. company in the business of providing two-way microwave radio
       equipment and services. Following the acquisition in 2006, Able
       Communications, Inc.'s name was changed to Able Infosat, and Infosat
       US's satellite business was transferred to Able Infosat and
       consolidated with Able Infosat's two-way microwave business. Able
       Infosat's principal purpose remained that of Infosat US: to provide
       service to Infosat Canada's customers in the U.S.

    3. Able Infosat states that starting in October 2005, Infosat Canada
       began making remote terminals available to some of its customers for
       deployment at locations within the United States. The operation of
       these terminals was initiated without Commission authority, an error
       for which Able Infosat states it accepts full responsibility.

    4. According to Able Infosat, the fact that Infosat Canada's U.S. VSAT
       operations were not licensed came to the attention of its counsel on
       April 11, 2007, during a meeting with Commission staff that discussed
       matters regarding the proposed sale of Able Infosat's parent company,
       Telesat Canada and BCE Inc. Upon advice of its counsel, Able Infosat
       filed an application on April 20, 2007 with the Commission for a VSAT
       license, and at the same time submitted a request for special
       temporary authority (STA) to operate its VSAT system pending action on
       its license request. In the STA request, Able Infosat disclosed its
       unauthorized operations. The International Bureau granted Able
       Infosat's VSAT license application on May 29, 2007, and concurrently
       dismissed the STA application as moot. Able Infosat's VSAT license is
       a blanket license authorizing the company to deploy up to 10,000
       remote units anywhere in the contiguous United States.

    5. The Enforcement Bureau's Spectrum Enforcement Division issued Able
       Infosat a letter of inquiry ("LOI") on August 8, 2007. In its
       September 7, 2007 Response to the LOI, Able Infosat admits that it
       failed to acquire a VSAT license from the Commission, and that it
       operated its station and the associated remote terminals without
       Commission authority. Able Infosat explains that upon learning that
       Commission authority was required for the company's U.S. VSAT
       operations, it took immediate steps to apply for the requisite license
       and to request an STA to operate pending the grant of a new license
       application. In addition, Able Infosat states that it has implemented
       procedures to ensure that in the future, Commission authority is
       sought prior to commencing any operations for which Commission
       authority is required. Able Infosat now makes regulatory compliance an
       internal compulsory review process.

   III. discussion

    6. Section 301 of the Act and Section 25.102(a) of the Rules prohibit the
       use or operation of any apparatus for the transmission of energy or
       communications or signals by an earth station except under and in
       accordance with a Commission granted authorization.

    7. Able Infosat admits that it failed to file an application prior to
       commencing U.S. operations in October 2005. Moreover, Able Infosat
       admits that it continued to operate until it filed an STA request and
       an application on April 20, 2007. Thus, it appears that Able Infosat
       violated Section 301 of the Act and Section 25.102(a) of the Rules by
       operating its VSAT system in the United States without Commission
       authority.

    8. Section 503(b) of the Act and Section 1.80(a) of the Rules provide
       that any person who willfully or repeatedly fails to comply with the
       provisions of the Act or the Rules shall be liable for a forfeiture
       penalty. For purposes of Section 503(b) of the Act, the term "willful"
       means that the violator knew that it was taking the action in
       question, irrespective of any intent to violate the Commission's
       rules, and "repeatedly" means more than once. Based upon the record
       before us, it appears that Able Infosat's violation of Section 301 of
       the Act and Section 25.102(a) of the Rules was willful and repeated.

    9. In determining the appropriate forfeiture amount, Section 503(b)(2)(E)
       of the Act directs us to consider factors, such as "the nature,
       circumstances, extent and gravity of the violation, and, with respect
       to the violator, the degree of culpability, any history of prior
       offenses, ability to pay, and such other matters as justice may
       require." Having considered the statutory factors, as explained below,
       we propose a total forfeiture of ten thousand dollars ($10,000).

   10. Section 1.80(b) of the Rules sets a base forfeiture amount of ten
       thousand dollars ($10,000) for operation of a station without
       Commission authority. Based on the record in this proceeding, we
       propose a forfeiture of $10,000 for Able Infosat's unauthorized
       operations. We do not find that any downward adjustments to this
       proposed forfeiture amount are appropriate. Although we have made
       downward adjustments in cases where a licensee has operated under
       color of authority or under an expired license, we do not find such
       adjustment appropriate in this case. Able Infosat's unauthorized
       operation of its VSAT system was undertaken without any previous
       Commission authorization in violation of the Act and Commission rules.
       Accordingly, we propose a $10,000 forfeiture. We note that the
       proposed forfeiture relates to Able Infosat's apparent violations that
       occurred only within the past year, but takes into account that those
       apparent violations were continuous in nature.

   11. Nor do we find that a downward adjustment for good faith or voluntary
       disclosure is warranted. Although we have made downward adjustments in
       cases where a licensee made voluntary disclosure to Commission staff,
       and undertook corrective measures after learning of its violations but
       prior to any Commission inquiry or initiation of enforcement action,
       that is not the case here. Able Infosat's disclosure concerning its
       VSAT operations in the United States was made during formal
       discussions with Commission staff concerning a proposed transaction.
       It was upon learning from staff that no authority had been obtained
       for its U.S. VSAT operations, and upon staff directive to file an
       application requesting Commission authority as soon as possible, that
       Able Infosat took corrective actions to come into compliance with
       Commission rules.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311 and 1.80 of the Rules, Able Infosat
       Communications, Inc. IS hereby NOTIFIED of its APPARENT LIABILITY FOR
       A FORFEITURE in the amount of ten thousand dollars ($10,000) for the
       willful and repeated violation of Section 301 of the Act and Section
       25.201(a) of the Rules.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,  
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Able Infosat Communications, Inc., SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. 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, S.W., Room
       1-A625, Washington, D.C. 20554.

   15. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   16. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   17. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by first class mail and certified mail
       return receipt requested to Able Infosat Communications, Inc.,
       Attention: Mr. Ed Mallet, General Manager, 5906 Broadway Street,
       Pearland, TX 77581, and its counsel, Joseph A. Godles, Esq., Goldberg,
       Godles, Wiener & Wright, 1229 Nineteenth Street, N.W., Washington,
       D.C. 20036-2413.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   File No. SES-LIC-20070420-00491, granted May 29, 2007.

   47 U.S.C. S: 301.

   47 C.F.R. S: 25.102(a).

   Able Infosat and its parent company, Telesat Canada (a Canadian
   corporation, wholly owned by BCE, Inc.) were acquired on October 30, 2007,
   by Canadian Holding Company, 4363205 Canada Inc. See In the Matter of  BCE
   Inc. and Loral Skynet Corporation, Transferors/Assignors, and 4363205
   Canada Inc., 4363213 Canada Inc., and Skynet Satellite Corporation,
   Transferees/Assignees, For Consent to Transfer of Control or Assignment of
   Licenses and Authorizations held by Telesat Canada, Able Infosat
   Communications, Inc., Loral Skynet Corporation, and Loral Skynet Network
   Services, Inc. and Petitions for Declaratory Ruling that the Transaction
   Is Consistent with Section 310(b)(4) of the Communications Act, Memorandum
   Opinion and Order and Declaratory Ruling, 22 FCC Rcd 18049 (2007)
   ("BCE/Holdco Transaction"). The BCE/Holdco Transaction was approved by the
   Commission on October 3, 2007 and consummated by the parties on October
   30, 2007.

   See Letter from Joseph A. Godles, Esq., attorney for Able Infosat
   Communications, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission, September 7, 2007 ("Able Infosat Response").

   See File Nos. 0002477896 and 0002490705. The acquisition of Able
   Communications, Inc. by Infosat Canada was consummated on February 16,
   2006.

   Able Infosat Response at 2.

   Id. at 3. Able Infosat states that operation of VSAT remote terminals in
   the United States began in October 2005 at various customer locations. The
   remote terminals were installed by Infosat Canada's customers. Id. at 5.

   Id. at 6.

   SES-LIC-20070420-00491.

   SES-STA-20070420-00493.

   See Actions Taken, Satellite Communications Services Information, Public
   Notice, Report No. SES-00932, May 30, 2007.

   Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Ed Mallet,
   General Manager, Able Infosat Communications (August 8, 2007).

   Able Infosat Response at 5.

   Id. at 4.

   47 U.S.C. S: 503(b).

   47 C.F.R. S: 1.80(a).

   See 47 U.S.C. S: 312(f)(1) & (2) (defining a "willful" violation as the
   "conscious and deliberate commission or omission of such act, irrespective
   of any intent to violate any provision of this Act or any rule or
   regulation of the Commission," and defining "repeated" as a violation that
   "continues for more than one day."). The definition of willful and the
   definition of repeated apply to violations for which forfeitures are
   assessed under Section 503(b) of the Act. See Southern California
   Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991),
   recon. denied 7 FCC Rcd 3454 (1992).

   47 U.S.C. S: 503(b)(2)(E). See also 47 C.F.R. S: 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures; The Commission's Forfeiture Policy Statement and Amendment of
   Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report
   and Order, 12 FCC Rcd 17087, 17110 (1997), recon. denied, 15 FCC Rcd 303
   (1999).

   47 C.F.R. 1.80(b).

   See e.g., Arnold Broadcasting Company, Inc., Forfeiture Order, 19 FCC Rcd.
   14123, 14124, P: 10 (Enf. Bur. 2004), recon. denied on other grounds, 20
   FCC Rcd. 10617 (Enf. Bur. 2005). See also, Discussion Radio, Inc.,
   Memorandum Opinion and Order and Notice of Apparent Liability, 19 FCC Rcd
   7433, 7438 (2004).

   See e.g., Domtar Industries, Inc., 21 FCC Rcd. 13811 (Enf. Bur., Spectrum
   Enf. Div., 2006) (proposing the base forfeiture amount of $10,000 for
   operating without Commission authorization and an upward adjustment of
   $4,000 for unauthorized operations that spanned over a five-year period).

   Section 503(b)(6) of the Act, 47 U.S.C. S: 503(b)(6) prohibits the
   assessment of a forfeiture for violations that occurred more than a year
   prior to the issuance of the NAL, but does not bar us from taking into
   account the continuous nature of violations in determining the appropriate
   enforcement action and/or forfeiture amount. See, e.g., Globcom, Inc.
   d/b/a Globcom Global Communications, Notice of Apparent Liability for
   Forfeiture and Order, 18 FCC Rcd 19893, 19903 (2003), forfeiture ordered,
   21 FCC Rcd 4710 (2006); Roadrunner Transportation, Inc., Forfeiture Order,
   15 FCC Rcd 9669, 9671-72 (2000); Cate Communications Corp., Memorandum
   Opinion and Order, 60 RR 2d 1386, 1388 (1986); Eastern Broadcasting Corp.,
   Memorandum Opinion and Order, 10 FCC 2d 37, 37-38 (1967), recon. denied,
   11 FCC 2d 193, 195 (1967); Bureau D'Electronique Appliquee, Inc., Notice
   of Apparent Liability for Forfeiture, 20 FCC Rcd 3445, 3447-48 (Enf. Bur.,
   Spectrum Enf. Div., 2005), forfeiture ordered, 20 FCC Rcd 17893 (Enf.
   Bur., Spectrum Enf. Div., 2005).

   See Petracom of Texarkana, LLC, Forfeiture Order, 19 FCC Rcd 8096,
   8097-8098 (Enf. Bur., 2004). See also Hare Planting Co., Inc., Notice of
   Apparent Liability for Forfeiture, 21 FCC Rcd 13517, 13520 (Enf. Bur.,
   Spectrum Enf. Div., 2006), forfeiture ordered, 22 FCC Rcd 7530 (Enf. Bur.,
   Spectrum Enf. Div., 2007) (adjusting a proposed forfeiture from $6,500 to
   $5,200 when the prior licensee made voluntary disclosures to Commission
   staff and undertook corrective actions prior to any Commission inquiry or
   initiation of enforcement action);  Jennie Stuart Medical Center, Notice
   of Apparent Liability for Forfeiture, 22 FCC Rcd 6888, 6890 (Enf. Bur.,
   Spectrum Enf. Div., 2007) (adjusting a proposed forfeiture from $6,500 to
   $5,200 when the prior licensee made voluntary disclosures to Commission
   staff through its request for an STA and undertook corrective measures
   after learning of its violations prior to any Commission inquiry or
   initiation of enforcement action).

   47 U.S.C. S: 503(b).

   47 C.F.R. S:S: 0.111, 0.311 and 1.80.

   47 C.F.R. S: 1.80.

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 08-168

   5

   Federal Communications Commission DA 08-168