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Before the
Federal Communications Commission
Washington, D.C. 20554
)
) File No.: EB-08-SE-052
In the Matter of
) NAL/Acct. No.: 200932100071
Inter Tech FM
) FRN: 0018458026
)
FORFEITURE ORDER
Adopted: January 16, 2013 Released: January 16, 2013
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
of twenty-two thousand dollars ($22,000) to Inter Tech FM (Inter Tech)
for willful and repeated violations of Section 302(b) of the
Communications Act of 1934, as amended, and Section 2.803(a) of the
Commission's rules with respect to Inter Tech's marketing of FM
broadcast transmitters and external radio frequency power amplifiers
without prior Commission authorization.
2. On July 10, 2009, the Enforcement Bureau's Spectrum Enforcement
Division issued a Notice of Apparent Liability for Forfeiture (NAL) to
Inter Tech in the amount of $22,000. Inter Tech did not file a
response to the NAL. Based on the information before us, we affirm the
$22,000 forfeiture proposed in the NAL.
3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311, and
1.80 of the Commission's rules, Inter Tech FM IS LIABLE FOR A MONETARY
FORFEITURE in the amount of twenty-two thousand dollars ($22,000) for
willful and repeated violations of Section 302(b) of the
Communications Act of 1934, as amended, and Section 2.803(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 five (5) calendar
days after the release date of this Forfeiture Order. If the
forfeiture is not paid within the period specified, the case may be
referred to the U.S. Department of Justice for enforcement of the
forfeiture pursuant to Section 504(a) of the Communications Act of
1934, as amended. Inter Tech FM shall send electronic notification of
payment to Nissa Laughner at Nissa.Laughner@fcc.gov, Daudeline Meme at
Daudeline.Meme@fcc.gov, and Samantha Peoples at Sam.Peoples@fcc.gov on
the date said payment is made.
5. The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/Account number and
FRN referenced above. Regardless of the form of payment, a completed
FCC Form 159 (Remittance Advice) must be submitted. When completing
the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters "FORF" in block number 24A
(payment type code). Below are additional instructions you should
follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
6. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer - Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by first class mail and certified mail return receipt requested
to Chris Rea, Inter Tech FM, 8725 W. Sunset Road, Suite 200, Niles, IL
60714.
FEDERAL COMMUNICATIONS COMMISSION
John D. Poutasse
Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a).
See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd
9020 (Enf. Bur. 2009).
47 U.S.C. S: 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.
47 U.S.C. S: 302a(b); 47 C.F.R. S: 2.803(a).
47 C.F.R. S: 1.80.
47 U.S.C. S: 504(a).
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
See 47 C.F.R. S: 1.1914.
(Continued from previous page)
(continued....)
Federal Communications Commission DA 13-50
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Federal Communications Commission DA 13-50