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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

                                )
In the Matter of                )
                                )
ACI Micro Systems               )            NAL Acct. No. 215DV0070
Colorado Springs, CO            )

                             ORDER

   Adopted:  February 6, 1997           Released:  February 12, 1997  

By the Chief, Compliance and Information Bureau:

                         I. INTRODUCTION

     1.   In this Order, we address the Petition for Reconsideration filed by ACI Micro
Systems  (Petitioner), pursuant to Section 1.106 of the Commission's rules, 47 C.F.R.  1.106. 
Petitioner requests review of a monetary forfeiture of  $10,000 issued by the Denver Field Office,
Compliance and Information Bureau, under  Section 503(b) of the Communications Act of 1934,
as amended (Act), 47 U.S.C.  503(b), for willful violation of Section 302(b) of  the Act and Section
2.803 of the rules, 47 C.F.R.  2.803.  For the reasons noted below, the monetary forfeiture has been
reassessed by the Bureau.

                         II.  BACKGROUND

     2.   On  August 17, 1992, the Commission's Denver Office issued a Notice of Apparent
Liability (NAL) to Petitioner.  The penalty was imposed for offering for sale computers that had not
been certified as required by Section 15.101 of the rules, 47 C.F.R.  15.101.  Petitioner responded
to the NAL on September 14, 1992.  The Petitioner provided FCC identification numbers for nine
basic computer systems, but not for the configurations that were the subject of the violation.  The
Denver Office found petitioner's arguments unpersuasive and issued a Notice of Forfeiture for
$10,000 on September 16, 1992.  Petitioner requested  reconsideration but made no arguments in
support of its request.

                         III.  DISCUSSION

     3.   The Bureau responded to ACI Micro System's petition by Order, adopted June 1,
1994, and affirmed the $10,000 monetary forfeiture.  In assessing the forfeiture, the Denver Field
Office followed the forfeiture guidelines established in the Commission's Policy Statement,
Standards for Assessing Forfeitures, (Policy Statement),  8 FCC Rcd 6215 (1993).  On July 12,
1994, however, the United States Court of Appeals for the District of Columbia Circuit vacated the
forfeiture guidelines.  United States Telephone Assn. v. FCC,  28 F.3d 1232 (D.C. Cir. 1994).  The
Bureau, responding to the Court's decision that vacated the forfeiture guidelines, set aside the June
1, 1994 Order and returned the petition to a pending status. 

     4.   On reconsideration, we have evaluated the forfeiture amount pursuant to the statutory
guidelines set forth in Section 503 of the Act, 47 U.S.C.  503(b)(2)(D).  In particular, Section
503(b) of the Act requires that the Commission "take into account the nature, circumstances, extent
and gravity of the violation, and with respect to the violator, the degree of culpability, any history
of prior offenses, ability to pay, and other such matters as justice may require."  47 U.S.C. 
503(b)(2)(D).  As stated above, Petitioner makes no arguments  on reconsideration.  Moreoever, as
we noted in the forfeiture order, this forfeiture action resulted from our third investigation of ACI's
operations, and each of these investigations disclosed violations of the Commission's certification
rules.  In these circumstances, we find that the $10,000 forfeiture penalty is warranted.                  
                                                    
                       IV. ORDERING CLAUSES

     5.    IT IS ORDERED THAT, pursuant to Section 503(b) of the Act, 47 U.S.C.
 503(b), and Section 1.106 of the Rules, 47 C.F.R.  1.106, the Petition for Reconsideration is 
DENIED. 

     6.   IT IS FURTHER ORDERED that ACI Micro Systems must pay the forfeiture
amount of ten thousand dollars ($10,000) within thirty (30) days of the release date of this Order,
or file an Application for Review of the CIB's Order within 30 days of the release date of this Order
pursuant to 47 C.F.R.  1.115.  Payment may be made by check, credit card or money order payable
to the Federal Communications Commission.  Payment may also be made by credit card with the
appropriate documentation.  Please place NAL/Acct. No. 215DV0070 on the remittance and mail
it to:

                    Federal Communications Commission
                    Post Office Box 73482
                    Chicago, Illinois 60673-7482

Forfeiture penalties not paid within 30 days may be referred to the U. S. Attorney for recovery in a
civil suit.  47 U.S.C.  504(a).

     7.   IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified
mail, return receipt requested, to ACI Micro Systems.

                         FEDERAL COMMUNICATIONS COMMISSION

 


                         Beverly G. Baker
                         Chief, Compliance and Information Bureau