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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                               
                                                                      
                                      )                               
                                                                      
                                      )   File No. EB-07-SE-126       
     In the Matter of                                                 
                                      )   NAL/Acct. No. 200932100054  
     Hauppauge Computer Works, Inc.                                   
                                      )   FRN No. 0014106520          
                                                                      
                                      )                               
                                                                      
                                      )                               


                  Notice OF apparent liability for forfeiture

   Adopted: April 14, 2009 Released: April 15, 2009

   By the Commission:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       Hauppauge Computer Works, Inc. ("Hauppauge") apparently liable for a
       forfeiture in the amount of $175,000 for its willful and repeated
       violation of Section 15.117(i)(1)(iv) of the Commission's Rules
       ("Rules"). These apparent violations involve Hauppauge's interstate
       shipment, after March 1, 2007, of television receiving devices without
       an associated viewing screen that do not comply with the Commission's
       rules regarding digital television ("DTV") reception capability.

   II. background

    2. The All Channel Receiver Act of 1962 ("ACRA"),  which is codified at
       47 U.S.C. S: 303(s), states that the Commission shall "[h]ave
       authority to require that apparatus designed to receive television
       pictures broadcast simultaneously with sound be capable of adequately
       receiving all frequencies allocated by the Commission to television
       broadcasting." In advancing the intent of the ACRA, the Commission
       adopted the digital television ("DTV") reception capability
       requirement in 2002. The DTV reception capability requirement, which
       also is often termed the "DTV tuner requirement," requires that all
       new television broadcast receivers that are imported into the United
       States or shipped in interstate commerce be capable of receiving the
       signals of DTV broadcast stations over-the-air. The DTV tuner
       requirement also applies to other video devices that include
       television receivers but do not include a viewing screen. The DTV
       tuner requirement was intended to facilitate the transition to digital
       television by promoting the availability of DTV reception equipment
       and to protect consumers by ensuring that their television receivers
       will provide off-the-air television reception of digital signals just
       as they have provided off-the-air television reception of analog
       signals.

    3. To minimize the impact of the DTV tuner requirement on both
       manufacturers and consumers, the Commission adopted a phase-in
       schedule that applied the requirement first to receivers with the
       largest screens and then to progressively smaller screen receivers and
       other television receiving devices that do not include a viewing
       screen, i.e., VCRs and DVD players. This phase-in plan was intended to
       allow increasing economies of scale with production volume to be
       realized so that DTV tuner costs would be lower when they are required
       to be included in smaller sets and other television receiving devices.
       As modified by the Commission in 2005, this phase-in schedule is as
       follows:

   Receivers with screen sizes 36" and above -- 50% of units imported or
   shipped interstate by responsible parties were required to include DTV
   tuners effective July 1, 2004; 100% of such units were required to include
   DTV tuners effective July 1, 2005;

   Receivers with screen sizes 25" to 35" -- 50% of units imported or shipped
   interstate by responsible parties were required to include DTV tuners
   effective July 1, 2005; 100% of such units were required to include DTV
   tuners effective March 1, 2006;

   Receivers with screen sizes less than 25" - 100% of units imported or
   shipped interstate by responsible parties were required to include DTV
   tuners effective March 1, 2007; and

   Other video devices (videocassette recorders (VCRs), digital video
   recorders such as hard drive and DVD recorders, etc.) that receive
   television signals - 100% of units imported or shipped interstate by
   responsible parties were required to include DTV tuners effective March 1,
   2007.

    4. In March 2007, the Bureau received a complaint alleging that Hauppauge
       was marketing in the United States, and apparently shipping
       interstate, analog-only TV broadcast receiver products for personal
       computers. On July 18, 2007, the Bureau issued a Letter of Inquiry
       ("LOI") directing Hauppauge to provide certain information regarding
       certain of its devices that apparently receive analog television
       signals but are not capable of receiving digital television signals.

    5. In its response to the LOI, Hauppauge admitted that it imports and
       sells TV boards for personal computers, some of which include both an
       analog and DTV tuner and some of which include only an analog TV
       tuner. Hauppauge indicated its belief that its analog-only TV boards
       should not be covered under the Commission's requirements for DTV
       tuners. In support of this belief, Hauppauge asserted that its
       products are not stand-alone TV receivers but are components that are
       added to a personal computer to provide TV capabilities; that personal
       computers are "open" so an end user can add a DTV tuner at any time;
       that its software is designed to support multiple TV boards in a media
       personal computer; that there are some software applications which do
       not yet support DTV; and that its products are designed to be added to
       existing personal computer systems, some of which do not have the
       technical capabilities needed to support DTV reception without the
       addition of expensive hardware. Hauppauge added that it believes an
       "open approach," one that allows consumers to choose how many and
       which type of tuner to select for their personal computers, is the
       most "consumer friendly" approach.

    6. On August 28, 2007, the Bureau issued a follow-up LOI to Hauppauge,
       notifying it that its response to the LOI was insufficient and
       directing Hauppauge to respond fully and completely to each question
       asked in the LOI within 15 business days. As of March 3, 2008,
       Hauppauge had not responded to the follow-up LOI. Accordingly, the
       Bureau's Spectrum Enforcement Division issued a Notice of Apparent
       Liability for Forfeiture and Order ("First NAL") which proposed an
       $11,000 forfeiture against Hauppauge for apparently willfully and
       repeatedly violating a Commission order by failing to respond to a
       directive of the Bureau to provide certain information and directed
       Hauppauge to respond fully to the LOI.

    7. On April 15, 2008, Hauppauge provided the information originally
       requested by the first LOI. Hauppauge supplemented its response on May
       6, 2008. Hauppauge acknowledges that, after March 1, 2007, it shipped
       interstate 7 models of analog-only television tuner boards designed to
       be installed in personal computers. Hauppauge has requested
       confidentiality regarding the specific number of units shipped
       interstate, its vendors, and the dates on which the units were
       shipped. Although we do not rule on this confidentiality request at
       this time, we will treat this information confidentially for purposes
       of this NAL.

   III. discussion

          A. Failure to Comply with DTV Tuner Requirement

    8. We conclude that Hauppauge apparently shipped in interstate commerce
       television receivers that do not comply with the DTV tuner requirement
       in violation of Section 15.117(i)(1)(iv) of the Rules. Section
       15.117(i) applies to all "new television broadcast receivers that are
       shipped in interstate commerce or imported from any foreign country
       into the United States," and Section 15.117(i)(1)(iv) mandates that
       other video devices that receive television signals (receivers without
       associated viewing screens) "include DTV tuners effective March 1,
       2007." Hauppauge acknowledges that, after March 1, 2007, it shipped
       interstate 7 models of analog-only television tuner boards designed to
       be installed in personal computers. Accordingly, we find that
       Hauppauge apparently willfully and repeatedly shipped in interstate
       commerce television receivers that do not comply with the DTV tuner
       requirement in violation of Section 15.117(i)(1)(iv) of the Rules.

    9. In its Supplement Response, Hauppauge reiterates its contention that
       its devices are not subject to the requirements of Section 15.117.
       Hauppauge states that its products are not TV sets, nor are they
       similar to set-top boxes, VCRs, or DVD players which have an output to
       a video monitor. Instead, Hauppauge contends that the TV tuner boards
       are computer peripheral devices, or simply components of a multi-media
       PC, that could not operate without being installed in a PC and
       provided with additional software. Finally, Hauppauge asserts that,
       even if the Commission concludes that its devices are indeed covered
       under the requirements of 15.117, the Commission should not impose a
       forfeiture because the company was not given reasonable notice that
       the rules are applicable to such devices.

   10. Hauppauge's assertion that the rules are not applicable to its devices
       is erroneous. Section 15.3(w) of the Rules defines a television
       broadcast receiver as "a device designed to receive television
       pictures that are broadcast simultaneously with sound on the
       television channels authorized under part 73 of this chapter."
       Hauppauge's TV tuner boards are designed to receive television signals
       which have been broadcast over-the-air in accordance with Part 73 of
       the Rules. Therefore, Hauppauge's TV tuner boards for personal
       computers clearly meet the definition of a television broadcast
       receiver. Indeed, the advertised purpose of these tuner boards is to
       enable a personal computer to receive television signals. Moreover,
       while Hauppauge correctly notes that Section 15.117(i)(1)(iv)
       references devices such as VCRs that typically display broadcast
       signals on home entertainment sets and monitors, these examples were
       meant to merely illustrate the types of devices that are intended to
       receive television signals, and were not meant to be an exhaustive
       list of all such devices. Indeed, Section 15.117(i)(1)(iv)
       specifically includes the term "etc." at the end of the list of
       examples provided under the rule. Moreover, in the DTV Tuner Second
       Report and Order, the Commission made clear that any device capable of
       receiving broadcast television signals off-the-air must comply with
       the DTV tuner requirement. The Commission stated that "in cases where
       a cell phone, PDA or similar device does include the capability to
       receive TV programming on the channels allocated for the broadcast
       television service, that device is a TV broadcast receiver under
       Section 15.3(w) of the rules and must comply with the DTV tuner
       requirements." Hauppauge's TV tuner boards likewise include the
       capability to receive TV programming on the channels allocated for the
       broadcast television service. Accordingly, they are TV broadcast
       receivers under the definition set forth in Section 15.3(w) of the
       Rules and must comply with the DTV tuner requirements.

   11. In addition, we reject Hauppauge's argument that the Commission failed
       to provide reasonable notice that the rules are applicable to TV tuner
       boards for personal computers and similar devices. While the methods
       of television transmission and reception have evolved since the ACRA
       was enacted in 1962, the requirement that television receivers must
       receive all available channels has not. As set forth above, the
       relevant rules and rulemaking orders have made clear that all devices
       capable of receiving a television broadcast signal, including TV
       receiving devices without associated viewing screens, are required to
       provide DTV reception.

     A. Proposed Forfeiture

   12. Based on the analysis set forth below, we conclude that Hauppauge is
       apparently liable for a forfeiture in the amount of $175,000 for its
       interstate shipment, after March 1, 2007, of television receivers that
       do not comply with the DTV tuner requirement in apparent willful and
       repeated violation of Section 15.117(i)(1)(iv) of the Rules.

   13. Under Section 503(b)(1)(B) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and the person against whom such
       notice has been issued must have an opportunity to show, in writing,
       why no such forfeiture penalty should be imposed. The Commission will
       then issue a forfeiture if it finds by a preponderance of the evidence
       that the person has violated the Act or a Commission rule.

   14. At the time of Hauppauge's apparent violations, Section 503(b)(2)(D)
       of the Act authorized the Commission to assess an entity that is
       neither a common carrier, broadcast licensee or cable operator a
       forfeiture of up to $11,000 for each violation or each day of a
       continuing violation, up to a statutory maximum forfeiture of $97,500
       for any single continuing violation. In exercising such authority, we
       are required to take into account "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."

   15. The Commission's Forfeiture Policy Statement and Section 1.80 of the
       Rules do not establish a specific base forfeiture for violation of the
       DTV tuner requirement. The Commission has substantial discretion,
       however, in proposing forfeitures. We may apply the base forfeiture
       amounts described in the Forfeiture Policy Statement and our rules, or
       we may depart from them altogether as the circumstances demand.

   16. The DTV tuner requirement promotes the important public policy goal of
       helping to speed the transition to digital television, and we
       therefore have found violations of this requirement to be more
       egregious, in general, than many other types of equipment marketing
       cases that come before us. DTV receivers are a necessary element of
       digital broadcast television service. Consumers must have the
       capability to receive DTV signals for the DTV transition to move
       forward to successful completion. The DTV tuner requirement is
       intended to protect consumers by ensuring that their TV receivers will
       provide over-the-air TV reception of digital signals when analog TV
       operation ceases. In recent cases involving violations of the DTV
       tuner requirement, we found that applying a proposed forfeiture on a
       per model basis, as we have in other more routine equipment marketing
       cases, would result in forfeiture amounts that are not commensurate
       with the seriousness of the violation, and thus, we proposed a
       forfeiture based on each noncompliant unit shipped interstate or
       imported.

   17. Nevertheless, we conclude that violations of the DTV tuner requirement
       involving television receivers without an associated viewing screen,
       while serious, are not as egregious as violations of the DTV tuner
       requirement involving television receivers with an associated viewing
       screen. Significantly, television receivers with an associated viewing
       screen are likely to be used by consumers as the primary television
       viewing device, while television receivers without an associated
       viewing screen, such as the relatively inexpensive Hauppauge TV tuner
       boards, are more likely to be used as a secondary or tertiary
       television viewing alternative. Thus, while we conclude that Hauppauge
       has apparently shipped interstate television receivers without DTV
       tuners in violation of Section 15.117(i)(1)(iv), we believe that the
       tiered forfeiture approach outlined above would be excessively
       punitive, given the nature of the violations. Therefore, we will
       assess the present forfeiture on a per model basis as we have in other
       equipment marketing cases.

   18. As noted above, in this case we may propose a forfeiture of up to
       $11,000 for each violation or each day of a continuing violation, up
       to a statutory maximum forfeiture of $97,500 for any single continuing
       violation. In view of the important public policy considerations
       underlying the DTV tuner requirement for television receivers without
       an associated viewing screen, we conclude that, generally, the
       appropriate per model forfeiture amount in such cases will be $25,000.
       We find that calculating forfeitures for violations of the DTV tuner
       requirement involving television receivers without an associated
       viewing screen on a per model basis will result in forfeiture amounts
       that reflect the seriousness of the violations and will deter future
       misconduct.

   19. Applying the forfeiture calculation methodology outlined above, we
       propose a forfeiture of $175,000 (7 models * $25,000/model) for
       Hauppauge's willful and repeated interstate shipment of television
       receivers without an associated viewing screen that do not comply with
       the DTV tuner requirement in violation of Section 15.117(i)(1)(iv) of
       the Rules.

   IV. ordering clauses

   20. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act, and Section 1.80 of the Rules, Hauppauge Computer Works, Inc. is
       NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount of
       one hundred seventy-five thousand dollars ($175,000) for willful and
       repeated violation of Section 15.117(i)(1)(iv) of the Rules.

   21. 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, Hauppauge Computer Works, Inc. SHALL PAY the
       full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   22. 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. Hauppauge will also send an electronic
       notification on the date said payment is made to Neal.McNeil@fcc.gov
       and Kathy.Berthot@fcc.gov.

   23. 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.

   24. 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.

   25. 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 Mr. Ken Plotkin, President
       and CEO, Hauppauge Computer Works, Inc., 91 Cabot Court, Hauppauge,
       NY, 11788, and to Norman Leventhal, Esq., Holland & Knight, 2099
       Pennsylvania Avenue, N.W., Suite 100, Washington, DC 20006.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   47 C.F.R. S: 15.117(i)(1)(iv).

   P.L. No. 87-529, 76 Stat. 150.

   Review of the Commission's Rules and Policies Affecting the Conversion to
   Digital Television, Second Report and Order and Second Memorandum Opinion
   and Order, 17 FCC Rcd 15978, 15996 (2002) ("DTV Review Second Report and
   Order").

   See 47 C.F.R. S: 15.3(w) (defining a television broadcast receiver as "a
   device designed to receive television pictures that are broadcast
   simultaneously with sound on the television channels authorized under part
   73 of this chapter").

   DTV Review Second Report and Order, 17 FCC Rcd at 15996.

   See 47 C.F.R. S: 15.117(i)(1)(iv).

   Id. at 15998-99.

   Id.

   In June 2005, the Commission modified the rules to advance the date on
   which 100% of new television receivers with screen sizes 25-36" that are
   imported or shipped interstate must include DTV tuners from July 1, 2006
   to March 1, 2006. DTV Tuner Report and Order, 20 FCC Rcd at 11203.
   Subsequently, in November 2005, the Commission modified the rules to
   advance the date on which 100% of new television receivers with screen
   sizes 13-24" and certain other television receiving devices such as VCRs
   and digital video recorders that are imported or shipped interstate must
   include DTV tuners from July 1, 2007 to March 1, 2007. See Requirements
   for Digital Television Receiving Capability, Second Report and Order, 20
   FCC Rcd 18607, 18614-16 (2005) ("DTV Tuner Second Report and Order"). The
   Commission also amended the rules to apply the DTV tuner requirement to
   new receivers with screen sizes smaller than 13" on this same schedule.
   Id.

   The DTV tuner requirement applies to "responsible parties," as defined in
   Section 2.909 of the Rules, 47 C.F.R. S: 2.909.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Hauppauge Computer Works, Inc. (July 18, 2007)
   ("LOI").

   As the importer of the television tuner boards, Hauppauge is the party
   responsible for compliance of those cards with all applicable technical
   and administrative requirements. See 47 C.F.R S: 2.909(b).

   See Letter from Ken Plotkin, President and CEO, Hauppauge Computer Works,
   Inc., to Neal McNeil, Spectrum Enforcement Division, Enforcement Bureau
   (August 15, 2007) at 1.

   Id.

   Id. at 1 - 2.

   Id. at 2.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, to Ken Plotkin, Chief Executive Officer, Hauppauge
   Computer Works, Inc. (August 28, 2007) ("Follow-up LOI").

   See Hauppauge Computer Works, Inc., Notice of Apparent Liability for
   Forfeiture and Order, 23 FCC Rcd. 3684 (Enf. Bur., Spectrum Enf. Div.,
   2008) (forfeiture paid).

   See Letter from Ken Plotkin, President and Chief Operation Officer,
   Hauppauge Computer Works, Inc. to Marlene H. Dortch, Secretary, Federal
   Communications Commission (April 15, 2008) ("Second LOI Response").

   See Letter from Norman P. Leventhal to Marlene H. Dortch, Secretary,
   Federal Communications Commission (May 6, 2008) ("Supplemental Response").

   Specifically, Hauppauge acknowledges that, after March 1, 2007, it shipped
   interstate the following 7 models: Win TV Go Plus, Win TV USB2, Win TV PVR
   150, Win TV PVR 250, Win TV PVR 350, Win TV PVR 500 MCE, Win TV PVR USB2.
   Second LOI Response at 3- 67. Hauppauge also acknowledges shipping several
   other models which are identical to models listed above.

   Second LOI Response at 1.

   47 C.F.R. S: 15.117(i)(1)(iv).

   On April 29, 2008, Hauppauge and the Enforcement Bureau executed a Tolling
   Agreement tolling the one-year statute of limitations set forth in Section
   503(b)(6) of the Act in order to permit settlement discussions. Tolling
   Agreement, File No. EB-07-SE-126, executed by and between Kathryn Berthot,
   Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission, and Ken Plotkin, CEO, Hauppauge Computer Works,
   Inc. (April 29, 2008). Hauppauge and the Bureau extended the Tolling
   Agreement on July 9, 2008, October 8, 2008, and January 13, 2009. Tolling
   Agreement Extensions, File No. EB-07-SE-126, executed by and between
   Kathryn Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau,
   Federal Communications Commission, and Ken Plotkin, CEO, Hauppauge
   Computer Works, Inc. (July 9, 2008, October 8, 2008, and January 13,
   2009). Hauppauge and the Bureau were subsequently unable to reach a
   settlement agreement. Thus, this NAL includes a number of violations that
   occurred more than a year ago, but which remain subject to forfeiture
   pursuant to the Tolling Agreement and Tolling Agreement Extensions, the
   last of which expires on April 15, 2009.

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied, 7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,'... means the commission or omission of such act more than once
   or, if such commission or omission is continuous, for more than one day."
   47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of Apparent
   Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern
   California, 6 FCC Rcd at 4388.

   Supplemental Response at 7, 11.

   Id.

   Id. at 8.

   Id. at 17-18.

   47 C.F.R. S: 15.3(w).

   47 C.F.R. Part 73 - Radio Broadcast Services.

   In its Second LOI Response, Hauppauge states that, "A user of our TV tuner
   boards can install a mix of our analog and digital TV tuners in a personal
   computer to make a television receiver with multiple analog and digital
   tuners." Second LOI Response at 2.

   47 C.F.R. S: 15.117(i)(1)(iv).

   20 FCC Rcd at 18616.

   Id.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 (2002).

   47 U.S.C. S: 503(b)(2)(D). The Commission has amended Section 1.80(b)(3)
   of the Rules, 47 C.F.R. S: 1.80(b)(3), three times to increase the maximum
   forfeiture amounts, in accordance with the inflation adjustment
   requirements contained in the Debt Collection Improvement Act of 1996, 28
   U.S.C. S: 2461. See Amendment of Section 1.80 of the Commission's Rules
   and Adjustment of Forfeiture Maxima to Reflect Inflation, 23 FCC Rcd 9845
   (2008) (adjusting the maximum statutory amounts from $11,000/$97,500 to
   $16,000/$112,500); Amendment of Section 1.80 of the Commission's Rules and
   Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 19 FCC Rcd
   10945 (2004) (adjusting the maximum statutory amounts from $11,000/$87,500
   to $11,000/$97,500); Amendment of Section 1.80 of the Commission's Rules
   and Adjustment of Forfeiture Maxima to Reflect Inflation, Order, 15 FCC
   Rcd 18221 (2000) (adjusting the maximum statutory amounts from
   $10,000/$75,000 to $11,000/$87,500). The most recent inflation adjustment
   took effect September 2, 2008 and applies to violations that occurred
   after that date. See 73 Fed. Reg. 44663-5.

   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.

   See 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, 17115 (1997), recon. denied, 15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement").

   See, e.g., InPhonic, Inc., Order of Forfeiture and Further Notice of
   Apparent Liability, 22 FCC Rcd 8689, 8699 (2007); Globcom, Inc. d/b/a
   Globcom Global Commun., Order of Forfeiture, 21 FCC Rcd 4710, 4723-24
   (2006).

   See 47 C.F.R. S:1.80(b)(4) ("The Commission and its staff may use these
   guidelines in particular cases [, and] retain the discretion to issue a
   higher or lower forfeiture than provided in the guidelines, to issue no
   forfeiture at all, or to apply alternative or additional sanctions as
   permitted by the statute.") (emphasis added).

   Syntax-Brillian Corporation, Notice of Apparent Liability for Forfeiture,
   22 FCC Rcd 10530, 10535 (2007), forfeiture ordered,  23 FCC Rcd 6323
   (2008)  ("Syntax-Brillian NAL"); Regent U.S.A., Inc., 22 FCC Rcd 10520
   (2007) (forfeiture paid) ("Regent NAL").

   See DTV Tuner Report and Order, 20 FCC Rcd at 11199; DTV Tuner Second
   Report and Order, 20 FCC Rcd at 18608.

   See id.

   See Syntax-Brillian NAL, 22 FCC Rcd at 10535-36 (concluding that applying
   a proposed forfeiture on a per-model basis for shipment of television
   receivers that were not compliant with the DTV tuner mandate would result
   in forfeiture amounts incommensurate with the seriousness of the
   violations); Regent NAL, 22 FCC Rcd at 10525-26 (same). To reflect the
   increasing seriousness of the violation as the number of non-compliant
   units shipped or imported rises, we assessed forfeiture amounts on a
   tier-by-tier basis, increasing the forfeiture amount as the number of
   units shipped or imported increased. See e.g., Syntax-Brillian NAL, 22 FCC
   Rcd 10535-36 (Tiers and per-unit forfeiture amounts were: 0-1000 units:
   $50 per unit, 1001-2500 units: $75 per unit, 2501-5000 units: $100 per
   unit, 5001-10000 units: $125 per unit, 10001-20000 units: $150 per unit,
   20001-30000 units: $175 per unit, 30001-40000 units: $200 per unit,
   40001-50000: $225 per unit, and 50001+ units: $250 per unit.).

   Cf. Polaroid Corporation, Notice of Apparent Liability for Forfeiture, 23
   FCC Rcd 6346, 6350 (2008) ("Polaroid NAL") (forfeiture paid); Proview
   Technology, Inc. and Proview Technology (Shenzhen), Ltd., Notice of
   Apparent Liability for Forfeiture, 23 FCC Rcd 6353, 6357 (2008) ("Proview
   NAL") (forfeiture paid) (both concluding that that violations of the
   requirement to ensure that digital television receivers have the
   capability to respond to changes in the content advisory rating system,
   while very serious, are not as egregious as violations of the DTV tuner
   requirement or violations involving the failure to provide any V-Chip
   blocking capability).

   Because each non-compliant unit shipped interstate is a separate
   violation, we could impose a far higher forfeiture than $25,000 for each
   model. As noted above, however, because of the circumstances of this rule
   and these violations, we consider $25,000 per model to be sufficient. We
   have used a $25,000 per model approach in other contexts. Specifically, in
   Polaroid and Proview, we established a $25,000 per model forfeiture
   approach for the interstate shipment of DTV receivers that do not comply
   with the Commission's rules requiring that such receivers have the
   capability to respond to changes in the content advisory rating system.
   Polaroid NAL, 23 FCC Rcd at 6350; Proview NAL, 23 FCC Rcd at 6358. See
   also AboCom Systems, Inc., Notice of Apparent Liability for Forfeiture, 21
   FCC Rcd 7875, 7878-79 (Enf. Bur. Spectrum Enf. Div. 2006), forfeiture
   ordered, 21 FCC Rcd 13140 (Enf. Bur. Spectrum Enf. Div. 2006), recon.
   denied, 22 FCC Rcd 7448 (Enf. Bur. 2007) (proposing a $25,000 forfeiture
   against an equipment manufacturer for marketing one model of radio
   frequency equipment that did not comply with the terms of its equipment
   authorization and technical requirements specified in the rules).

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   Federal Communications Commission FCC 09-34

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   Federal Communications Commission FCC 09-34