**Before the**

Federal Communications Commission

Washington, D.C. 20554

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| In the Matter of                 | * | File No. EB-08-SE-559        |
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| Hannspree North America, Inc.    | ) | NAL/Acct. No. 200832100078   |
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|                                  | * | FRN \# 0018065409            |
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Notice of apparent Liability for forfeiture

**Adopted: August 26, 2008 Released: August 28, 2008**

By the Chief, Enforcement Bureau:

# introduction

1.  In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
    find Hannspree North America, Inc. ("Hannspree") apparently liable
    for a forfeiture in the amount of \$12,450 for its willful and
    repeated violation of Section 15.117(i)(1)(iii) of the Commission's
    Rules ("Rules").[^1] These apparent violations involve Hannspree's
    interstate shipment of television receivers[^2] that do not comply
    with the Commission's rules regarding digital television ("DTV")
    reception capability.

# Background

2.  The Commission adopted the DTV reception capability requirement in
    2002.[^3] This requirement, which is often termed the "DTV tuner
    requirement,"[^4] requires that all new television broadcast
    receivers that are imported into the United States or shipped in
    interstate commerce be capable of receiving the signals of DTV
    broadcast stations over-the-air.[^5] The DTV tuner requirement was
    intended to facilitate the transition to digital television by
    promoting the availability of DTV reception equipment and to protect
    consumers by ensuring that their television receivers will provide
    over-the-air television reception of digital signals just as they
    have provided over-the-air television reception of analog
    signals.[^6]

3.  Section 15.117(i)(1) of the Rules provides, "\[r\]esponsible
    parties, as defined in § 2.909 of this chapter, are required to
    equip new TV broadcast receivers that are shipped in interstate
    commerce or imported from any foreign country into the United States
    and for which they are responsible to comply with the provisions of
    this section" in accordance with the specified phase-in
    schedule.[^7] As modified by the Commission in 2005,[^8] this
    phase-in schedule is as follows:

    Receivers with screen sizes 36" and above \-- 50% of units imported
    or shipped interstate by responsible parties[^9] were required to
    include DTV tuners effective July 1, 2004; 100% of such units were
    required to include DTV tuners effective July 1, 2005;

    Receivers with screen sizes 25" to 35" \-- 50% of units imported or
    shipped interstate by responsible parties were required to include
    DTV tuners effective July 1, 2005; 100% of such units were required
    to include DTV tuners effective March 1, 2006;

    Receivers with screen sizes less than 25" - 100% of units imported
    or shipped interstate by responsible parties were required to
    include DTV tuners effective March 1, 2007; and

    Other video devices (videocassette recorders (VCRs), digital video
    recorders such as hard drive and DVD recorders, etc.) that receive
    television signals - 100% of units imported or shipped interstate by
    responsible parties were required to include DTV tuners effective
    March 1, 2007.

4.  The Commission's 2005 *DTV Tuner Second Report and Order* amended
    the rules to apply the DTV tuner requirement to new receivers with
    screen sizes smaller than 13" on this same schedule (*i.e*., March
    1, 2007).[^10] Although the Commission adopted this requirement for
    receivers with screen sizes smaller than 13" through the appropriate
    notice and comment procedures, and modified the rules to show March
    1, 2007, as the accelerated deadline, the Commission inadvertently
    failed to delete the exception in Section 15.117(i)(2) for "units
    with integrated tuners/displays that have screen sizes measuring
    less than 7.8 inches vertically, *i.e*., the vertical measurement of
    a screen in the 4:3 aspect ratio that measures 13' \[sic\]
    diagonally across the picture viewing area." The Commission
    subsequently corrected Section 15.117(i)(2) by striking the
    inappropriate language,[^11] and the DTV tuner requirements for
    receivers with screen sizes less than 13" became effective on
    January 30, 2008.[^12]

5.  Hannspree North America, a subsidiary of Hannstar Display
    Corporation, is a California-based importer and retailer of
    television broadcast receivers. In April 2008, the Enforcement
    Bureau ("Bureau") received a complaint which alleged that Hannspree
    was marketing television receivers that were inconsistent with
    Commission regulations. The Bureau issued a letter of inquiry
    ("LOI") to Hannspree on July 8, 2008 regarding the company's
    importation and interstate shipment of television receivers.[^13]
    Hannspree filed its response to the LOI on August 6, 2008.[^14]

6.  In its LOI Response, Hannspree stated that, since March 1, 2007, it
    had imported into the United States only two models of television
    receivers, both of which are equipped with DTV tuners, but had
    shipped interstate more than three dozen models that are not
    equipped with DTV tuners,[^15] with screen sizes of 10, 12, 15, or
    23 inches, measured diagonally.[^16] Hannspree stated that it
    shipped interstate a total of 3,735 such receivers after March 1,
    2007.[^17] Hannspree further stated that it presently holds
    inventory of 2,949 television receivers that are not equipped with
    DTV tuners.[^18]

7.  Hannspree asserted its belief that the non-DTV-compliant television
    receivers may lawfully be imported and shipped interstate because,
    on each of its retail tables that displays an analog television, the
    company places a sign that both identifies the set as an analog
    television and displays the FCC Consumer Alert. [^19] The company
    also states that it displays an additional FCC Consumer Alert sign
    at each point-of-sale cash register.[^20]

# DISCUSSION

## Failure to Comply with DTV Tuner Requirement

8.  We conclude that Hannspree apparently willfully[^21] and
    repeatedly[^22] shipped television receivers in interstate commerce
    in violation of Section 15.117(i)(1)(iii) of the Rules. Section
    15.117(i) applies to all "new television broadcast receivers that
    are shipped in interstate commerce or imported from any foreign
    country into the United States," and mandates that such receivers
    with screen sizes less than 25 inches "include a DTV tuner effective
    March 1, 2007."[^23] Hannspree admits that, after March 1, 2007, it
    shipped interstate 3,375 television broadcast receivers that were
    not equipped with DTV tuners. Because the DTV tuner requirement
    became effective for television receivers with screen sizes
    measuring less than 13" only on January 30, 2008, we do not consider
    those 2,246 receivers with screen sizes less than 13" that Hannspree
    shipped interstate prior to the effective date. Accordingly, we find
    that Hannspree shipped in interstate commerce 1,129 television
    receivers that fail to comply with the DTV tuner requirement.

9.  Hannspree contends, however, that it could lawfully import and ship
    non-DTV-compliant television receivers because it displays the
    Consumer Alert notice mandated by Section 15.117(k) beside the
    receivers.[^24] We find no merit in this contention. Section
    15.117(k) is inapposite to the requirement at issue here. Section
    15.117(k) requires responsible parties to place in close proximity
    to non-DTV-compliant television receivers a Consumer Alert sign that
    informs the consumer that the receiver will need a converter box to
    receive over-the-air broadcasts with an antenna after the digital
    transition takes place. The Commission adopted the rule "\[t\]o
    ensure that consumers do not inadvertently buy analog-only
    television equipment without understanding that such devices will
    require some additional equipment for use after analog broadcasting
    ends."[^25]

10. Hannspree's compliance with Section 15.117(k) is irrelevant to
    whether the company has complied with the DTV tuner requirement.
    That rule \-- Section 15.117(i) \-- seeks to facilitate an effective
    transition to digital by ensuring that "a greater portion of all TV
    receiver products that are in use by consumers at the time analog
    service ceases will be able to receive broadcasters' digital signals
    and thus provide a smooth and orderly completion of the switchover
    process."[^26] The continued importation and shipment of new
    analog-only receivers by responsible parties,[^27] even if properly
    displayed for retail, defeats this key objective. Section 15.117(k)
    provides no exemption from the separate and distinct prohibition on
    the importation and interstate shipment of non-DTV-compliant
    television receivers set forth in Section 15.117(i).

## Proposed Forfeiture

11. Under Section 503(b)(1)(B) of the Act, any person who is determined
    by the Commission to have willfully or repeatedly failed to comply
    with any provision of the Act or any rule, regulation, or order
    issued by the Commission shall be liable to the United States for a
    forfeiture penalty.[^28] To impose such a forfeiture penalty, the
    Commission must issue a notice of apparent liability and the person
    against whom such notice has been issued must have an opportunity to
    show, in writing, why no such forfeiture penalty should be
    imposed.[^29] The Commission will then issue a forfeiture if it
    finds by a preponderance of the evidence that the person has
    violated the Act or a Commission rule.[^30] Based on the analysis
    set forth below, we conclude that Hannspree is apparently liable for
    a forfeiture in the amount of \$12,450 for its willful and repeated
    violation of Section 15.117(i)(1)(iii) of the Rules.

12. Under Section 503(b)(2)(D) of the Act,[^31] the Commission may
    assess an entity that is neither a common carrier, broadcast
    licensee or cable operator a forfeiture of up to \$11,000 for each
    violation or each day of a continuing violation, up to a statutory
    maximum forfeiture of \$97,500 for any single continuing violation.
    In exercising such authority, we are required to 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 such other matters as
    justice may require."[^32]

13. The Commission's *Forfeiture Policy Statement*[^33] and Section 1.80
    of the Rules do not establish a specific base forfeiture for
    violation of the DTV tuner requirement. However, the Commission has
    substantial discretion in proposing forfeitures[^34] and has
    stressed that digital signal reception capability is of critical
    importance to a successful digital transition for the nation.[^35]
    In its previous DTV tuner cases, the Commission concluded that
    applying a proposed forfeiture on a per model basis would result in
    forfeiture amounts that are not commensurate with the seriousness of
    the violation.[^36] Accordingly, the Commission determined that, in
    cases involving the interstate shipping or importation of
    non-DTV-compliant television receivers, we would propose a
    forfeiture based upon each unit shipped or imported within the
    statute of limitations, rather than upon the number of models
    shipped or imported.[^37]

14. We apply the following tiers and per-unit penalties for violation of
    the Commission's DTV tuner requirements:

    0-1000 units: \$50 per unit

    1001-2500 units: \$75 per unit

    2501-5000 units: \$100 per unit

    5001-10,000 units: \$125 per unit

    10,001-20,000 units: \$150 per unit

    20,001-30,000 units: \$175 per unit

    30,001-40,000 units: \$200 per unit

    40,001-50,000 units: \$225 per unit

    50,001+ units: \$250 per unit[^38]

    Consistent with the Commission's other DTV tuner *NALs*, we will use
    the tier-by-tier, per-unit methodology articulated in those
    decisions to assess the forfeiture here.

15. Although Hannspree imported 1,129 non-DTV-compliant television
    receivers between March 1, 2007 and the August 6, 2008 date of its
    LOI Response, 880 of those receivers were shipped more than one year
    prior to the date of this NAL. Section 503(b)(6)(B) of the Act
    prohibits the Commission from imposing a forfeiture penalty against
    a person that does not hold a broadcast license "if the violation
    occurred more than 1 year prior to the date of issuance of the
    required notice or notice of apparent liability."[^39] This section
    does not, however, bar the Commission from considering conduct which
    occurred before the one-year period in its determination of the
    appropriate forfeiture amount for violations that occurred within
    that period.[^40] Therefore, we consider Hannspree's conduct which
    occurred outside of the one-year statute of limitations but propose
    a forfeiture here only for those 249 non-DTV-compliant receivers
    shipped interstate within the one-year period.

16. Applying the forfeiture calculation methodology outlined above, we
    propose a forfeiture of \$12,450 for Hannspree's willful and
    repeated interstate shipment of television receivers that do not
    comply with the DTV tuner requirement in violation of Section
    15.117(i)(1)(iii) of the Rules.

# ordering clauses

17. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Act, and Section 1.80 of the Rules, Hannspree North America,
    Incorporated is **NOTIFIED** of its **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of twelve thousand four hundred and fifty
    dollars (\$12,450) for willful and repeated violation of Section
    15.117(i)(1)(iii).

18. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Rules, within thirty days of the release date of this Notice of
    Apparent Liability for Forfeiture, Hannspree **SHALL PAY** the full
    amount of the proposed forfeiture or **SHALL FILE** a written
    statement seeking reduction or cancellation of the proposed
    forfeiture.

19. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Account Number and FRN
    Number referenced above. Payment by check or money order may be
    mailed to Federal Communications Commission, P.O. Box 979088, St.
    Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
    Bank -- Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
    Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to
    ABA Number 021030004, receiving bank TREAS/NYC, and account
    number 27000001. For payment by credit card, an FCC Form 159
    (Remittance Advice) must be submitted. When completing the FCC Form
    159, enter the NAL/Account number in block number 23A (call
    sign/other ID), and enter the letters "FORF" in block number 24A
    (payment type code). Requests for full payment under an installment
    plan should be sent to: Chief Financial Officer \-- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington,
    D.C.  20554. Please contact the Financial Operations Group Help Desk
    at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
    regarding payment procedures. Hannspree will also send electronic
    notification on the date said payment is made to JoAnn Lucanik at
    JoAnnLucanik@fcc.gov and to Kevin M. Pittman at
    Kevin.Pittman@fcc.gov.

20. The response, if any, must be mailed to the Office of the Secretary,
    Federal Communications Commission, 445 12th Street, S.W.,
    Washington, D.C. 20554, ATTN: Enforcement Bureau -- Spectrum
    Enforcement Division, and must include the NAL/Acct. No. referenced
    in the caption. The response should also be emailed to JoAnn Lucanik
    at <JoAnnLucanik@fcc.gov> and to Kevin M. Pittman at
    Kevin.Pittman@fcc.gov.

21. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the petitioner
    submits: (1) federal tax returns for the most recent three-year
    period; (2) financial statements prepared according to generally
    accepted accounting practices; or (3) some other reliable and
    objective documentation that accurately reflects the petitioner's
    current financial status. Any claim of inability to pay must
    specifically identify the basis for the claim by reference to the
    financial documentation submitted.

22. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by first class mail and
    certified mail return receipt requested to Eric Hsu, Vice-President
    of Operations, Hannspree North America, Inc., 14450 Myford Road,
    Irvine, California 92606-1001.

    FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

Chief, Enforcement Bureau

[^1]: 47 C.F.R. § 15.117(i)(1)(iii).

[^2]: *See* 47 C.F.R. § 15.3(w) (defining a television broadcast
    receiver as "a device designed to receive television pictures that
    are broadcast simultaneously with sound on the television channels
    authorized under part 73 of this chapter").

[^3]: *Review of the Commission's Rules and Policies Affecting the
    Conversion to Digital Television*, Second Report and Order and
    Second Memorandum Opinion and Order*,* 17 FCC Rcd 15978 (2002)
    ("*DTV Review Second Report and Order*").

[^4]: DTV reception capability involves more circuitry than just a
    tuner. To provide this capability requires a tuner to receive the
    digital signal, an MPEG decoder/formatter, and associated processing
    capability and memory. *See Requirements for Digital Television
    Receiving Capability*, Report and Order and Further Notice of
    Proposed Rulemaking, 20 FCC Rcd 11196 n.2 (2005) (*"DTV Tuner Report
    and Order*").

[^5]: *DTV Review Second Report and Order*, 17 FCC Rcd at 15996. The DTV
    tuner requirement also applies to other devices such as television
    interface devices that do not include a viewing screen, *e.g.*,
    devices such as VCRs and DVD players that are intended to provide
    audio-video signals to a video monitor with an antenna or antenna
    terminals that can be used for over-the-air television reception.
    *See* 47 C.F.R. § 15.117(i)(1)(iv).

[^6]: *Id.* at 15979. In this latter regard, the DTV tuner requirement
    ensures that the intent of the All Channel Receiver Act of 1962
    ("ACRA"), P.L. No. 87-529, 76 Stat. 150, is fulfilled. The ACRA,
    which is codified at 47 U.S.C. § 303(s), states that the Commission
    shall "\[h\]ave authority to require that apparatus designed to
    receive television pictures broadcast simultaneously with sound be
    capable of adequately receiving all frequencies allocated by the
    Commission to television broadcasting \...." *See DTV Review Second
    Report and Order*, 17 FCC Rcd at 15589-91.

[^7]: 47 C.F.R. § 15.117(i)(1).

[^8]: In June 2005, the Commission modified the rules to advance the
    date on which 100% of new television receivers with screen sizes
    25-36" that are imported or shipped interstate must include DTV
    tuners from July 1, 2006 to March 1, 2006. *DTV Tuner Report and
    Order*, 20 FCC Rcd at 11203. Subsequently, in November 2005, the
    Commission modified the rules to advance the date on which 100% of
    new television receivers with screen sizes 13-24" and certain other
    television receiving devices such as VCRs and digital video
    recorders that are imported or shipped interstate must include DTV
    tuners from July 1, 2007 to March 1, 2007. *See Requirements for
    Digital Television Receiving Capability*, Second Report and Order,
    20 FCC Rcd 18607, 18614-16 (2005) ("*DTV Tuner Second Report and
    Order*").

[^9]: The DTV tuner requirement applies to "responsible parties," as
    defined in Section 2.909 of the Rules, 47 C.F.R. § 2.909. Under
    Section 2.909(b), the party responsible for equipment such as
    television receivers that are subject to our "verification"
    equipment authorization procedure is the manufacturer or, in the
    case of imported equipment, the importer. If subsequent to
    manufacture and importation, the equipment is modified by any party
    not working under the authority of the responsible party, the party
    performing the modification becomes the new responsible party.

[^10]: *DTV Tuner Second Report and Order*, 20 FCC Rcd at 18614-16.

[^11]: *See* *Third Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion to Digital Television*, Report and
    Order, 23 FCC Rcd 2994, 3081 (2007).

[^12]: *See* *Third Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion to Digital Television,* Final
    Rule, 73 Fed. Reg. 5634 (Jan. 30, 2008).

[^13]: *See* Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement
    Division, Enforcement Bureau, Federal Communications Commission, to
    Hannspree North America, Inc., (July 8, 2008) ("LOI").

[^14]: *See* Letter from Eric Hsu, Vice-President of Operations,
    Hannspree North America, Inc., to Kathryn S. Berthot, Chief,
    Spectrum Enforcement Division, Enforcement Bureau, Federal
    Communications Commission (August 6, 2008) ("LOI Response").

[^15]: *Id.* at 1. Specifically, Hannspree shipped interstate the
    following models of television receivers that are not equipped with
    DTV tuners: DT07-10U1-000; DT12-10U1-000; F001-15U1-000;
    F609-15U1-0011; F617-15U1-000; F629-10U1-000; F633-10U1-000;
    F637-10U1-000; F651-12U1-000; K206-10U1-005; K206-10U1-010;
    K209-10U1-000; K212-10U1-000B; K223-10U1-000; K226-10U1-000;
    LT09-10U1-000; LT09-10U1-0001; LT13-23U1-001; ST02-15U1-019;
    ST02-15U1-030; ST03-15U1-000; ST06-15U1-000; ST08-10U1-000;
    ST09-10U1-011; ST23-10U1-000; ST35-15U1-003; ST35-15U1-015;
    ST35-15U1-022; ST35-15U1-0071; ST35-15U1-0111; ST35-15U1-0211;
    ST35-15U1-0251; ST35-15U1-0261; ST35-15U1-0281; ST35-15U1-0301;
    ST43-15U1-000; ST54-10U1-000; ST59-23U1-001.

[^16]: *Id.* at 3.

[^17]: *See id.* at Exhibit A. In response to a request to provide a
    list of non-DTV-compliant receivers shipped in interstate commerce
    during this period, Hannspree provided data showing its shipment of
    5,518 units. Of this number, 1,759 units were actually equipped with
    DTV tuners and an additional 24 units were in fact exported rather
    than shipped interstate; thus, Hannspree shipped in interstate
    commerce 3,735 receivers that did not contain DTV tuners. *Id.*

[^18]: *Id.* at Exhibit B.

[^19]: *Id* at 2; *see generally* 47 C.F.R. § 15.117(k) (requiring
    responsible parties to post Consumer Alert in close proximity to a
    television receiver that is not capable of receiving, decoding, and
    tuning digital signals).

[^20]: LOI Response at 2.

[^21]: Section 312(f)(1) of the Act defines "willful" as "the conscious
    and deliberate commission or omission of \[any\] act, irrespective
    of any intent to violate" the law. 47 U.S.C. § 312(f)(1). The
    legislative history of Section 312(f)(1) of the Act clarifies that
    this definition of willful applies to both Sections 312 and 503(b)
    of the Act, H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982),
    and the Commission has so interpreted the term in the Section 503(b)
    context. *See Southern California Broadcasting Co.,* Memorandum
    Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), *recon. denied,* 7
    FCC Rcd 3454 (1992) ("*Southern California*").

[^22]: Section 312(f)(2) of the Act, which also applies to forfeitures
    assessed pursuant to Section 503(b) of the Act, provides that
    "\[t\]he term 'repeated,'... means the commission or omission of
    such act more than once or, if such commission or omission is
    continuous, for more than one day." 47 U.S.C. § 312(f)(2). *See
    Callais Cablevision, Inc.*, Notice of Apparent Liability for
    Forfeiture, 16 FCC Rcd 1359, 1362 (2001); *Southern California*, 6
    FCC Rcd at 4388.

[^23]: 47 C.F.R. § 15.117(i)(1)(iii).

[^24]: *See Second Periodic Review of the Commission's Rules and
    Policies Affecting the Conversion To Digital Television*, Second
    Report and Order, 22 FCC Rcd 8776, 8783-84 ¶ 14 (2007) (implementing
    point of sale disclosure requirements for analog-only television
    receivers) ("Second DTV Periodic Report and Order").

[^25]: *Id.* at 8783.

[^26]: *See DTV Tuner Second Report and Order*, 20 FCC Rcd at 18613-14.

[^27]: *See* *supra* note 9.

[^28]: 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).

[^29]: 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

[^30]: *See, e.g.,* *SBC Communications*, 17 FCC Rcd at 7591.

[^31]: 47 U.S.C. § 503(b)(2)(D). The Commission has amended Section
    1.80(b)(3) of the Rules, 47 C.F.R. § 1.80(b)(3), three times to
    increase the maximum forfeiture amounts, in accordance with the
    inflation adjustment requirements contained in the Debt Collection
    Improvement Act of 1996, 28 U.S.C. § 2461. *See Amendment of Section
    1.80 of the Commission's Rules and Adjustment of Forfeiture Maxima
    to Reflect Inflation*, 23 FCC Rcd 9845 (2008) (adjusting the maximum
    statutory amounts from \$11,000/\$97,500 to \$16,000/\$112,500);
    *Amendment of Section 1.80 of the Commission's Rules and Adjustment
    of Forfeiture Maxima to Reflect Inflation,* Order, 19 FCC Rcd 10945
    (2004) (adjusting the maximum statutory amounts from
    \$11,000/\$87,500 to \$11,000/\$97,500); *Amendment of Section 1.80
    of the Commission's Rules and Adjustment of Forfeiture Maxima to
    Reflect Inflation,* Order, 15 FCC Rcd 18221 (2000) (adjusting the
    maximum statutory amounts from \$10,000/\$75,000 to
    \$11,000/\$87,500). The most recent inflation adjustment is
    effective September 2, 2008. *See* 73 Fed. Reg. 44663-5.

[^32]: 47 U.S.C. § 503(b)(2)(E). *See also* 47 C.F.R. § 1.80(b)(4), Note
    to paragraph (b)(4): Section II. Adjustment Criteria for Section 503
    Forfeitures.

[^33]: *See The Commission's Forfeiture Policy Statement and Amendment
    of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* Report and Order, 12 FCC Rcd 17087, 17115 (1997),
    *recon. denied*, 15 FCC Rcd 303 (1999) ("*Forfeiture Policy
    Statement*").

[^34]: *See, e.g., InPhonic, Inc.,* Order of Forfeiture and Further
    Notice of Apparent Liability, 22 FCC Rcd 8689, 8699 (2007);
    *Globcom, Inc. d/b/a Globcom Global Commun.,* Order of Forfeiture,
    21 FCC Rcd 4710, 4723-24 (2006).

[^35]: *See DTV Tuner Report and Order*, 20 FCC Rcd at 11198; *DTV Tuner
    Second Report and Order*, 20 FCC Rcd at 18609.

[^36]: *Syntax-Brillian Corporation*, Notice of Apparent Liability for
    Forfeiture, 22 FCC Rcd 10530, 10535-36 (2007), *forfeiture ordered*,
    23 FCC Rcd 6323 (2008) ("*Syntax-Brillian NAL*"); *Regent U.S.A.,
    Inc*., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd
    10520, 10525 (2007) (forfeiture paid) ("*Regent NAL*").

[^37]: *See Syntax-Brillian NAL*, 22 FCC Rcd at 10535; *Regent NAL*, 22
    FCC Rcd at 10525-26.

[^38]: *See Invision Industries, Inc.,* Notice of Apparent Liability for
    Forfeiture and Order, FCC 08-187 (rel. August 18, 2008); Precor*,
    Inc.*, Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 6361,
    6367 (2008) (forfeiture paid) ("*Precor NAL"*); *Syntax-Brillian
    NAL,* 22 FCC Rcd at 10536; *Regent NAL*, 22 FCC Rcd at 10525.

[^39]: 47 U.S.C. § 503(b)(6)(B).

[^40]: *See* 47 U.S.C. § 503(b)(2)(D), 47 C.F.R. § 1.80(b)(4); *see also
    Behringer USA, Inc.,* Notice of Apparent Liability, 21 FCC Rcd 1820,
    1825(2006), *forfeiture ordered,* Forfeiture Order, 22 FCC Rcd. 1051
    (2007).