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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
) File No. EB-98-DV-322
TACO TIME ) NAL Acct. No. 815DV0002
Rock Springs, Wyoming )
ORDER
Adopted: July 14, 2000 Released: July
18, 2000
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree
terminating a forfeiture proceeding against TACO TIME
RESTAURANT (``TACO TIME'') concerning unauthorized operation
of a radio transmitter in violation of Section 301 of the
Communications Act of 1934, as amended (the ``Act'').1 TACO
TIME agrees to implement a comprehensive Compliance Program
to ensure continued compliance with the Act and the
Commission's Rules and policies. In addition, TACO TIME
agrees to make a voluntary contribution to the U.S. Treasury
of $1,500.
2. The former Compliance and Information Bureau
assessed an $11,000 forfeiture against TACO TIME for
unlicensed operation of radio transmitters in violation of
Section 301 of the Act.2 TACO TIME has indicated that the
$11,000 forfeiture could impose an overwhelming hardship on
its business.
3. The Enforcement Bureau staff and TACO TIME have
negotiated the terms of a Consent Decree that would
terminate this proceeding. A copy of the Consent Decree is
attached hereto and incorporated by reference.
4. We have reviewed the terms of the Consent Decree
and evaluated the facts before us. We believe that the
public interest would be served by approving the Consent
Decree and terminating this proceeding.
5. Accordingly, IT IS ORDERED, pursuant to Sections
4(i) and 4(j) of the Communications Act of 1934, as amended,
47 U.S.C §§ 154(i) and 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.
6. IT IS FURTHER ORDERED that the voluntary
contribution referenced in the Consent Decree shall be paid
by a check or money order drawn to the order of the
``Federal Communications Commission.'' Reference should be
made on the check or money order to ``Acct. No. 815DV0002.''
The remittance should be sent to: Forfeiture Collection
Section, Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482.
7. IT IS FURTHER ORDERED that the above captioned
forfeiture proceeding IS TERMINATED.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 See Taco Time, 14 FCC Rcd 2904 (Compl. & Inf. Bur.
1999); recon. denied, 15 FCC Rcd 1319 (Enf. Bur. 1999).