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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-06-TC-3303
1st United Tel-Com, Inc. ) NAL/Acct. No. 20073217 0045
Apparent Liability for Forfeiture ) FRN: 0016272023
)
FORFEITURE ORDER
Adopted: April 27, 2009 Released: April 28, 2009
By the Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) against 1st United Tel-Com,
Inc. ("1st United" or "Company"). 1st United violated a Commission order
by failing to respond to the directive of the Enforcement Bureau
("Bureau") to provide certain information and documents. 1st United acted
in willful or repeated violation of Section 503(b) of the Communications
Act of 1934, as amended, ("Act") and Section 1.80 of the Commission's
rules ("Rules").
2. On March 30, 2007, the Bureau issued to 1st United a Notice of Apparent
Liability for Forfeiture ("NAL") proposing a forfeiture in the amount of
four thousand dollars ($4,000) based on 1st United's apparent violation of
a Bureau's directive. The NAL gave 1st United the option of paying the
proposed forfeiture or of filing a response to the NAL stating why the
proposed forfeiture should either not be assessed or should be reduced.
The NAL was sent by certified mail to 1st United's last known address. 1st
United has not filed a response to the NAL nor has 1st United paid the
proposed forfeiture amount. 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 180(f)(4) of the Rules, 1st United Tel-Com,
Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government
in the sum of four thousand dollars ($4,000) for willfully and repeatedly
violating Section 503 of the Act and Section 1.80 of the Rules.
4. Payment of the forfeiture shall be made in the manner provided for in
section 1.80 of the Commission's rules within thirty (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). 1st United will
also send electronic notification on the date said payment is made to
Johnny.drake@fcc.gov. 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.
5. IT IS FURTHER ORDERED that a copy of the Forfeiture Order shall be
sent by first class mail and certified mail return receipt requested to
1st United Tel-Com, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Kris A. Monteith
Chief, Enforcement Bureau
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
1st United Tel-Com, Inc., Notice of Apparent Liability for Forfeiture, 22
FCC Rcd 6293 (2007) ("NAL").
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: 504(a).
(...continued from previous page)
(continued....)
Federal Communications Commission DA 09-897
1
Federal Communications Commission DA 09-897