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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Notice of Apparent Liability for Forfeiture of )
) File No. 99-2273
INTERNATIONAL BUSINESS MACHINES ) NAL/Acct No.
920EF0047
)
Licensee of Point-to-Point Microwave Stations )
WNTT360 (Huntington Beach, CA); WHJ651 (Huntington )
Beach, CA); WNEZ481 (Monrovia, CA); WNEZ480 )
(La Habra, CA); WHJ653 (Cypress, CA); WHJ649 )
(Hazelwood, CA); WHJ650 (Torrance, CA); WHJ816 )
(Saint Charles, MO); WNER966 (Dominguez Hills, CA); )
WNET350 (Gardena, CA); WNEU335 (Gray Butte, CA); )
WNEU679 (Long Beach, CA); WNEW515 (Long Beach, )
CA); WNEY550 (Long Beach, CA); WNEZ482 (Compton, )
CA); WNTB361 (Long Beach, CA); WNTH667 (Edwards )
AFB, CA); WNTL350 (Anaheim, CA); WNTT359 (Long )
Beach, CA); WNTX919 (Wrightwood, CA); WNTX920 )
(Long Beach, CA); and WPJF891 (Long Beach, CA) )
ORDER
Adopted: May 18, 2000 Released: May 19,
2000
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree in which
International Business Machines (``IBM''), former licensee of the
22 above-captioned point-to-point microwave stations, agrees to
modify its corporate practices in order to ensure compliance with
Section 310(d) of the Communications Act of 1934, as amended
(``Act''), 47 U.S.C. § 310(d). IBM also agrees to make a
voluntary contribution to the U.S. Treasury of $70,000.
2. As a result of IBM's disclosures, on July 20, 1999, the
former Enforcement Division of the Wireless Telecommunications
Bureau issued a Notice of Apparent Liability for Forfeiture
against IBM for apparent unauthorized pro forma transfer of
control of the stations listed above, in apparent violation of
Section 310(d) of the Act and former Section 101.53 of the
Commission's rules, 47 C.F.R. § 101.53. International Business
Machines, 14 FCC Rcd 11667 (WTB 1999) (``NAL''). On August 19,
1999, IBM filed a response to the NAL in which it contested the
proposed forfeiture. Subsequently, IBM provided the Commission
with additional information concerning transfers of the above-
captioned licenses, as well as other licenses formerly held by
IBM. On September 28, 1999, IBM withdrew its response to the
NAL.
3. The Enforcement Bureau staff and IBM have negotiated a
Consent Decree that would terminate the forfeiture proceeding and
the staff's investigation into the unauthorized transfers of the
above-captioned licenses, as well as the other transfers
disclosed by IBM. A copy of the Consent Decree is attached
hereto and is incorporated by reference.
4. We have reviewed the terms of the Consent Decree and
evaluated the facts before us. In light of IBM's commitment to
establish a comprehensive compliance program to prevent future
violations of Section 310(d) of the Act, we believe that the
public interest would be served by approving the Consent Decree,
canceling the NAL, and terminating the investigation into IBM's
conduct.
5. Based on the record before us, and in the absence of
material new evidence relating to this matter, we conclude that
there are no substantial and material questions of fact as to
whether IBM possesses the basic qualifications, including its
character qualifications, to hold or obtain any FCC licenses or
authorizations.
6. Accordingly, IT IS ORDERED, pursuant to Sections 4(i)
and 4(j) of the Communications Act, 47 U.S.C. §§ 154(i), 154(j),
and the authority delegated in Sections 0.111 and 0.311 of the
Commission's rules, 47 C.F.R. §§ 0.111 and 0.311, that the
attached Consent Decree is hereby ADOPTED.
7. IBM may make its voluntary contribution to the United
States Treasury by credit card through the Commission's Credit
and Debt Management Center at (202) 418-1995 or by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. referenced above.
8. IT IS FURTHER ORDERED that the NAL IS CANCELLED, and
the investigation into the matters described in the Consent
Decree IS TERMINATED.
9. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by Certified Mail, Return Receipt Requested to James C.
Rendeiro, III, Vice President, Assistant General Counsel, IBM
Global Services, P.O. Box 100, Somers, New York 10589, and to
IBM's counsel, Josh L. Roland, Esq., Wilmer, Cutler & Pickering,
2445 M Street, N.W., Washington, DC 20037-1420.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau