Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                      )                                 
     Upper Peninsula Communications Inc.   )                                 
     Physical System ID# 002477            )                                 
     Powers, Michigan                      )                                 
                                           File No.: EB-10-DT-0352           
                                           NAL/Acct. No.: 201232360001       
                                           FRN: 0003772886                   

                                FORFEITURE ORDER

   Adopted: May 14, 2012 Released: May 14, 2012

   By the Regional Director, Northeast Region, Enforcement Bureau:

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) to Upper Peninsula
       Communications Inc. (Upper Peninsula), former operator of a cable
       television system in Powers, Michigan, for willfully and repeatedly
       violating Section 11.35(a)  of the Commission's rules (Rules) by
       failing to install emergency alert system (EAS) equipment.

    2. On October 18, 2011, the Enforcement Bureau's Detroit Office issued a
       Notice of Apparent Liability for Forfeiture (NAL) in the amount of
       $8,000 to Upper Peninsula. Upper Peninsula 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
   Communications Act of 1934, as amended, and Sections 0.111, 0.204, 0.311
   and 1.80(f)(4) of the Commission's rules, Upper Peninsula Communications,
   Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $8,000 for
   violations of Section 11.35(a) of the Commission's 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) calendar 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
   enforcement 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. Payments 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.  FCC Form 159 may be obtained at 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:
   with any questions regarding payment procedures. Upper Peninsula
   Communications, Inc. shall also send electronic notification on the date
   said payment is made to

   5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
   First Class Mail and Certified Mail, Return Receipt Requested, to Upper
   Peninsula Communications, Inc. at its address of record.


   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   Upper Peninsula reported to an FCC agent that the sale of the system
   serving Powers, Michigan to Packerland Broadband was consummated on
   February 1, 2011. Upper Peninsula, however, still owns other cable systems
   in Michigan.

   47 C.F.R. S: 11.35.

   Upper Peninsula Communications Inc., Notice of Apparent Liability for
   Forfeiture, 26 FCC Rcd 14370 (Enf. Bur. 2011).

   Although the Detroit Office granted Upper Peninsula's request for an
   extension of time until January 12, 2012, in which to file a response to
   the NAL, Upper Peninsula never submitted a response. See Letter from Louis
   H. Goldman, Counsel for Upper Peninsula, to James A. Bridgewater, District
   Director, Detroit Office, Northeast Region, Enforcement Bureau, dated
   November 21, 2011.

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

   47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4).

   47 C.F.R. S: 11.35(a).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 12-750



   Federal Communications Commission DA 12-750