Federal Communications Commission
DA 12-1940
Before the
Federal Communications Commission
Washington, D.C. 20554
)
File No.: EB-08-SE-052
In the Matter of
)
)
NAL/Acct. No.: 200932100041
Inter Tech FM
)
)
FRN: 0018458026
FORFEITURE ORDER
Adopted: December 4, 2012
Released: December 4, 2012
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
1.
In this Forfeiture Order, we issue a monetary forfeiture in the amount of eighteen
thousand dollars ($18,000) 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
and for willful violation of Section 1.17(a)(2) of the Commission’s rules.1 The noted violations involve
the marketing of an unauthorized FM broadcast transmitter in the United States, and the provision of
incorrect material factual information to the Commission without a reasonable basis for believing that the
information was correct.
2.
On February 2, 2009, the Enforcement Bureau’s Spectrum Enforcement Division issued
a
Notice of Apparent Liability for Forfeiture (
NAL) to Inter Tech in the amount of $18,000.2 Inter Tech
did not file a response to the
NAL. Based on the information before us, we affirm the $18,000 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,3 Inter Tech FM
IS LIABLE FOR A MONETARY FORFEITURE
in the amount of eighteen
thousand dollars ($18,000) 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, and for willful violation of
Section 1.17(a)(2) of the Commission’s rules.4
4.
Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the
Commission’s rules within fifteen (15) calendar days after the release date of this Forfeiture Order.5 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,
1 47 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803(a), 1.17(a)(2).
2
See Inter Tech FM, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1151 (Enf. Bur. 2009).
3 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80.
4 47 U.S.C. § 302a(b); 47 C.F.R. §§ 2.803(a), 1.17(a)(2).
5 47 C.F.R. § 1.80.
Federal Communications Commission
DA 12-1940
as amended.6 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.7 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:
Ÿ
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.
Ÿ
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.
Ÿ
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. 20554.8 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
6 47 U.S.C. § 504(a).
7 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf .
8
See 47 C.F.R. § 1.1914.
2
