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If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Telnet of Dickinson, Inc. ) File No. EB-00-TS-022 ) Licensee of Station WSI674 ) NAL/Acct. No. X20EF0006 Dickinson, North Dakota ) FORFEITURE ORDER Adopted: August 30, 2000 Released: September 1, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of two thousand dollars ($2,000) against Telnet of Dickinson, Inc. ("Telnet"), for willful violation of Section 1.949 of the Commission's Rules (``Rules'').1 The noted violation involved Telnet's failure to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 2. On November 5, 1999, the Chief of the former Enforcement and Consumer Information Division of the Wireless Telecommunications Bureau (``Wireless Bureau'') issued a Notice of Apparent Liability for Forfeiture (``NAL'') in the amount of two thousand dollars ($2,000) to Telnet for the noted violation.2 Telnet filed a response to the NAL on November 23, 1999. II. BACKGROUND 3. Telnet's authorization for Station WSI674 expired on April 1, 1999. Telnet did not file an application for renewal of the authorization until July 2, 1999. On September 10, 1999, the Wireless Bureau granted the late-filed renewal application. 4. On November 5, 1999, the Wireless Bureau, pursuant to Section 503(b) of the Communications Act of 1934, as amended (``Act''), and Section 1.80 of the Rules,3 issued an NAL in the amount of $2,000 to Telnet for the late filing of its license renewal application. 5. On November 23, 1999, Telnet filed a response with the Commission in which it requests cancellation or reduction of the forfeiture amount based on its financial condition. Though Telnet states that it cannot pay the forfeiture amount, no documentation was presented to support this contention.4 III. DISCUSSION 6. Section 1.949 of the Rules states, in pertinent part, that ``[a]pplications for renewal of authorizations in the Wireless Radio Services must be filed no later than the expiration date of the authorization for which renewal is sought ....''5 We find that Telnet violated Section 1.949 of the Rules by filing the renewal application for Station WSI674 after the expiration of the authorization. 7. Further, without supporting documentation, we are unable to evaluate Telnet's financial condition and cannot assess its ability to pay the forfeiture amount. Consequently, we must deny its request for cancellation or reduction. IV. ORDERING CLAUSES 8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,6 Telnet IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 1.949 of the Rules by failing to file a license renewal application for Station WSI674 prior to the expiration of the authorization for the station. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules,7 within 30 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 collection pursuant to Section 504(a) of the Act.8 Payment may be made 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 Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note NAL/Acct. No. X20EF0006. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554.9 10. IT IS FURTHER ORDERED that, a copy of this Forfeiture Order shall be sent by Certified Mail Return Receipt Requested to Telnet of Dickinson, Inc., Attn: Robert Stockert, Rt. #2 Box 158B, Dickinson, North Dakota 58601. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. § 1.949. 2 Telnet of Dickinson, Inc., DA 99-2427 (Wireless Bur., Enf. and Cons. Inf. Div., released November 5, 1999). 3 47 U.S.C. § 503(b); 47 C.F.R. § 1.80. 4 Claims of inability to pay should be supported by tax returns or other financial statements prepared under generally accepted accounting principles for the most recent three-year period. 5 47 C.F.R. § 1.949. 6 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 7 47 C.F.R. § 1.80. 8 47 U.S.C. § 504(a). 9 See 47 C.F.R. § 1.1914.