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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
http://www.fcc.gov/Forms/Form159/159.pdf. 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. Upper Peninsula
Communications, Inc. shall also send electronic notification on the date
said payment is made to NER-Response@fcc.gov.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission DA 12-750