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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-06-SE-199
)
Hawking Technologies, Inc. ) NAL/Acct. No. 200732100022
Irvine, California )
) FRN # 0012065009
FORFEITURE ORDER
Adopted: March 27, 2009 Released: March 31, 2009
By the Commission:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of fifty thousand dollars ($50,000) to Hawking
Technologies, Inc. ("Hawking") for willful and repeated violation of
Section 302(b) of the Communications Act of 1934, as amended ("Act"),
and Sections 2.803(a) and 15.204(d) of the Commission's Rules
("Rules"). The apparent violations involve marketing external radio
frequency power amplifiers in a manner that was inconsistent with the
terms of Hawking's equipment authorization and the requirements of
Section 15.204(d) of the Rules.
2. On April 2, 2007, the Commission issued a Notice of Apparent Liability
for Forfeiture ("NAL") in the amount of $50,000 to Hawking. Although
Hawking received a copy of the NAL, it 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 Section 1.80(f)(4) of the Rules, Hawking Technologies, Inc. IS LIABLE
FOR A MONETARY FORFEITURE in the amount of $50,000 for willfully and
repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and
15.204(d) 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/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. Hawking will also send
electronic notification on the date said payment is made to
Ricardo.Durham@fcc.gov and Celia.Lewis@fcc.gov.
5. IT IS FURTHER ORDERED THAT this Order shall be sent shall be sent by
first class mail and certified mail return receipt requested to Hawking
Technologies, Inc., 15281 A Barranca Pkwy., Irvine, CA 92618.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
47 U.S.C. S: 302a(b).
47 C.F.R. S:S: 2.803(a) and 15.204(d).
Hawking Technologies, Inc., Notice of Apparent Liability for Forfeiture,
22 FCC Rcd 7140 (2007).
The United States Postal Service website's Track and Confirm feature
confirms that Hawking received the NAL on April 9, 2007.
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80(f)(4).
47 U.S.C. S: 504(a).
Federal Communications Commission FCC 09-25
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Federal Communications Commission FCC 09-25