**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

IKUSI-Angel Iglesias, S.A. ) File No. EB-03-SE-214

) NAL/Acct. No.: 200432100014

) FRN: 0011383791

)

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted: August 13, 2004 Released: August 17, 2004**

By the Chief, Enforcement Bureau:

**I.** **INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
    find IKUSI-Angel Iglesias, S.A. ("IKUSI") apparently liable for a
    forfeiture in the amount of seven thousand dollars (\$7,000) for
    importing and marketing in the United States non-compliant equipment
    in willful and repeated violation of Section 302(b)[^1] of the
    Communications Act of 1934, as amended ("Act"), and Sections
    2.803(a)(1)[^2] and 15.231(a)[^3] of the Commission's Rules
    ("Rules").

**II.** **BACKGROUND**

2.  The Office of Engineering and Technology referred to the Enforcement
    Bureau a complaint alleging that IKUSI's Remote Crane Transmitter
    ("RCT Model TM60"),[^4] a radio frequency device designed for the
    remote control of cranes and hoists, fails to comply with Section
    15.231(a) of the Rules, which requires a manually operated
    transmitter to employ a switch that will automatically cease
    transmission within five seconds or less.[^5] According to the
    complainant, the Model TM60 operates in a "maintained or continuous
    mode" rather than ceasing after five seconds when manually
    activated.

3.  On January 22, 2004, the Office of Engineering and Technology
    Laboratory ("OET Lab") tested the RCT Model TM60, a manually
    operated transmitter, and confirmed that the unit failed to satisfy
    the timing requirement of Section 15.231(a). The OET Lab determined
    that the IKUSI transmitter not only failed to cease transmission
    before the five second requirement, but continued transmitting
    approximately 234 seconds beyond the required stop time. On March
    29, 2004, the Spectrum Enforcement Division of the Enforcement
    Bureau issued a letter of inquiry ("LOI") to IKUSI, seeking
    information and documents concerning the compliance of the RCT Model
    TM60 with the periodic operation limits set forth in Section 15.231
    of the Rules.[^6]

4.  IKUSI submitted a response to the LOI on April 26, 2004.[^7] In its
    Response, IKUSI does not dispute that the RCT Model TM60 fails to
    comply with the Commission's periodic operation timing requirement
    for the 5-second transmission limit set forth in Section
    15.231(a).[^8] Indeed, IKUSI admits that the TM60 is programmed for
    a 240-second time-out duration, as stated in the TM60 manuals.[^9]
    Nevertheless, IKUSI contends that it "proceeded on the basis of its
    good faith belief" that the TM60 met all applicable Commission
    rules, based on representations from the National Certification
    Laboratory ("NCL"), an independent testing facility that prepared
    IKUSI's equipment certification application.[^10] IKUSI asserts
    that, while it was preparing its Response to the LOI, it "became
    aware for the first time" that NCL made "apparently inaccurate
    statements" in documents it submitted to the American
    Telecommunications Certification Body, Inc. ("ATCB"), which
    processed the Model TM60 authorization application.[^11]
    Nevertheless, IKUSI argues that it had "no reason to believe that it
    needed to review the equipment authorization file after grant of the
    certification in order to verify that NCL had provided it with all
    relevant documents."[^12]

5.  IKUSI maintains that if it had been informed by NCL or ATCB that the
    Model TM60 needed to comply with the five-second transmission
    limitation, it would have modified the device, requested a waiver of
    the rule, or abandoned its certification application. [^13] IKUSI
    states that when it was notified that the Model TM60 "may not
    comply" with Commission Rules, it ceased the shipment of the device
    into the United States.[^14] IKUSI also submits that it is currently
    in the process of preparing a new RCT model for equipment
    certification and sale in the United States. Finally, IKUSI contends
    that it is unaware of any reports of harmful interference caused by
    the TM60's "limited periods of continuous operation."[^15]

**III.** **DISCUSSION**

6.  Section 302(b) of the Act provides that no person shall manufacture,
    import, sell, offer for sale, or ship devices or home electronic
    equipment and systems, or use devices, which fail to comply with
    Commission regulations. Section 2.803(a)(1) of the Rules prohibits
    the importation and marketing, including the offering for sale,
    displaying and advertising, of radio frequency devices that have not
    received Commission authorization.

7.  Section 15.231 of the Rules establishes periodic operation limits
    for radio frequency devices, which operate "in the band 40.66 --
    40.70 MHz and above 70 MHz." Section 15.231(a) specifically requires
    a manually operated transmitter to employ a switch that "will
    automatically deactivate the transmitter within not more than 5
    seconds of being released."

8.  In the instant case, IKUSI admits that the RCT Model TM60 fails to
    comply with the periodic operation limits set forth in Section
    15.231 of the Rules.[^16] Accordingly, IKUSI apparently
    willfully[^17] and repeatedly[^18] violated Section 302(b) of the
    Act and Sections 2.803(a) and 15.231 of the Rules by importing and
    marketing the non-compliant Model TM60 device in the United States.

9.  While IKUSI asserts that it relied in good faith on the work of the
    test facility that tested the Model TM60 and prepared its
    certification application, IKUSI is nevertheless responsible and
    accountable for the acts or omissions of its agents, contractors,
    and/or employees.[^19] Nor does the absence of reports of harmful
    interference caused by the Model TM60's non-compliance mitigate the
    failure of the device to comply with Commission Rules.[^20] Further,
    while we commend IKUSI's commitment to comply with the Commission's
    rules in the future, such post-remedial measure does not lessen,
    mitigate, or excuse IKUSI's violations. [^21] Indeed, corrective
    action taken to come into compliance with Commission Rules is
    expected. [^22]

10. Section 1.80(b) of the Rules sets a base forfeiture amount of seven
    thousand dollars (\$7,000) for importing and marketing non-compliant
    equipment. The Commission's *Forfeiture Policy Statement* also
    specifies that the base forfeiture amounts shall be adjusted based
    upon consideration of the factors enumerated in Section 503(b)(2)(D)
    of the Act, such as "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."[^23] In this case, IKUSI
    imported and marketed its RCT Model TM60, which does not comply with
    the timing requirements set forth in Section 15.231(a). We therefore
    find it appropriate and consistent with precedent to propose a base
    forfeiture of \$7,000 for importing and marketing non-compliant
    equipment.[^24]

#### IV. ORDERING CLAUSES

11. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
    the Act,[^25] and Sections 0.111, 0.311 and 1.80(f)(4) of the
    Rules,[^26] IKUSI, Inc. **IS** hereby **NOTIFIED** of its **APPARENT
    LIABILITY FOR FORFEITURE** in the amount of seven thousand dollars
    (\$7,000) for willfully and repeatedly violating Section 302(b) of
    the Act and Sections 2.803(a)(1) and 15.231(a) of the Rules.

12. **IT IS FURTHER** ORDERED **THAT**, pursuant to Section 1.80 of the
    Rules, within thirty (30) days of the release date of this *Notice
    of Apparent Liability for Forfeiture*, IKUSI, Inc. **SHALL PAY** the
    full amount of the proposed forfeiture or **SHALL FILE** a written
    statement seeking reduction or cancellation of the proposed
    forfeiture.

13. 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/Acct. No. and FCC
    Registration Number (FRN) referenced above. Payment by check or
    money order may be mailed to the Forfeiture Collection Section,
    Finance Branch, Federal Communications Commission, P.O.Box 73482,
    Chicago, IL 60673-7482. Payment by overnight mail may be sent to
    Bank One/LB 73482, 525 West Monroe, 8^th^ Floor Mailroom, Chicago,
    IL 60661. Payment by wire transfer may be made to ABA Number
    071000013, receiving bank "Bank One," account number 1165259.

14. The response, if any, must be mailed to the Office of the Secretary,
    Federal Communications Commission, 445 12^th^ Street, S.W.,
    Washington, D.C. 20554, ATTN: Enforcement Bureau -- Spectrum
    Enforcement Division, and must include the NAL/Acct. No. referenced
    in the caption.

15. 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; 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.

16. Requests for payment of the full amount of this *NAL* under an
    installment plan should be sent to: Chief, Revenue and Receivable
    Operations Group, 445 12^th^ Street, S.W., Washington, D.C.
    20554.[^27]

17. Under the Small Business Paperwork Relief Act of 2002, Pub. L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of release of this *NAL*, either in
    your response to the *NAL* or in a separate filing to be sent to the
    Enforcement Bureau -- Spectrum Enforcement Division. Your
    certification should indicate whether you, including your parent
    entity and its subsidiaries, meet one of the definitions set forth
    in the list provided by the FCC's Office of Communications Business
    Opportunities ("OCBO") set forth in Attachment A of this *NAL*. This
    information will be used for tracking purposes only. Your response
    or failure to respond to this question will have no effect on your
    rights and responsibilities pursuant to Section 503(b) of the Act.
    If you have questions regarding any of the information contained in
    Attachment A, please contact OCBO at (202) 418-0990.

18. **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 Mr. Miguel Portillo,
    Director, TLC Division, IKUSI-Angel Iglesias, S.A., Poligono
    Industrial 27, N 30 (Martutene), Apartado 1320, 20080 San Sebastian,
    Spain, and to counsel for IKUSI-Angel Iglesias, S.A., Mace J.
    Rosenstein, Esquire, and David L. Martin, Esquire, Hogan & Hartson,
    L.L.P., 555 Thirteenth Street, N.W., Washington, D.C. 20004-1109.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

> Attachment A

+--------------------------------+-------------------------------------+
| **FCC List of Small Entities** |                                     |
|                                |                                     |
| **As described below, a "small |                                     |
| entity" may be a small         |                                     |
| organization,**                |                                     |
|                                |                                     |
| **a small governmental         |                                     |
| jurisdiction, or a small       |                                     |
| business.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(1) Small Organization**     |                                     |
+--------------------------------+-------------------------------------+
| **Any not-for-profit           |                                     |
| enterprise that is             |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field.**                       |                                     |
+--------------------------------+-------------------------------------+
| **(2) Small Governmental       |                                     |
| Jurisdiction**                 |                                     |
+--------------------------------+-------------------------------------+
| **Governments of cities,       |                                     |
| counties, towns, townships,    |                                     |
| villages, school districts,    |                                     |
| or**                           |                                     |
|                                |                                     |
| **special districts, with a    |                                     |
| population of less than fifty  |                                     |
| thousand.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(3) Small Business**         |                                     |
+--------------------------------+-------------------------------------+
| **Any business concern that is |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field, *and* meets the         |                                     |
| pertinent size criterion       |                                     |
| described below.**             |                                     |
+--------------------------------+-------------------------------------+
| **Industry Type**              | **Description of Small Business     |
|                                | Size Standards**                    |
+--------------------------------+-------------------------------------+
| ***Cable Services or           |                                     |
| Systems***                     |                                     |
+--------------------------------+-------------------------------------+
| Cable Systems                  | Special Size Standard --            |
|                                |                                     |
|                                | **Small Cable Company** has 400,000 |
|                                | Subscribers Nationwide or Fewer     |
+--------------------------------+-------------------------------------+
| Cable and Other Program        | \$12.5 Million in Annual Receipts   |
| Distribution                   | or Less                             |
+--------------------------------+-------------------------------------+
| Open Video Systems             |                                     |
+--------------------------------+-------------------------------------+
| ***Common Carrier Services and |                                     |
| Related Entities***            |                                     |
+--------------------------------+-------------------------------------+
| Wireline Carriers and Service  | 1,500 Employees or Fewer            |
| providers                      |                                     |
+--------------------------------+-------------------------------------+
| Local Exchange Carriers,       |                                     |
| Competitive Access Providers,  |                                     |
| Interexchange Carriers,        |                                     |
| Operator Service Providers,    |                                     |
| Payphone Providers, and        |                                     |
| Resellers                      |                                     |
+--------------------------------+-------------------------------------+
| **Note:** With the exception   |                                     |
| of Cable Systems, all size     |                                     |
| standards are expressed in     |                                     |
| either millions of dollars or  |                                     |
| number of employees and are    |                                     |
| generally the average annual   |                                     |
| receipts or the average        |                                     |
| employment of a firm.          |                                     |
| Directions for calculating     |                                     |
| average annual receipts and    |                                     |
| average employment of a firm   |                                     |
| can be found in                |                                     |
|                                |                                     |
| 13 CFR 121.104 and 13 CFR      |                                     |
| 121.106, respectively.         |                                     |
+--------------------------------+-------------------------------------+
| ***International Services***   |                                     |
+--------------------------------+-------------------------------------+
| International Broadcast        | \$12.5 Million in Annual Receipts   |
| Stations                       | or Less                             |
+--------------------------------+-------------------------------------+
| International Public Fixed     |                                     |
| Radio (Public and Control      |                                     |
| Stations)                      |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite                |                                     |
| Transmit/Receive Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite Very Small     |                                     |
| Aperture Terminal Systems      |                                     |
+--------------------------------+-------------------------------------+
| Mobile Satellite Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Radio Determination Satellite  |                                     |
| Earth Stations                 |                                     |
+--------------------------------+-------------------------------------+
| Geostationary Space Stations   |                                     |
+--------------------------------+-------------------------------------+
| Non-Geostationary Space        |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Direct Broadcast Satellites    |                                     |
+--------------------------------+-------------------------------------+
| Home Satellite Dish Service    |                                     |
+--------------------------------+-------------------------------------+
| ***Mass Media Services***      |                                     |
+--------------------------------+-------------------------------------+
| Television Services            | \$12 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Low Power Television Services  |                                     |
| and Television Translator      |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| TV Auxiliary, Special          |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Radio Services                 | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio Auxiliary, Special       |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction Special Size Standard --    |
| Service                        |                                     |
|                                | **Small Business** is less than     |
|                                | \$40M in annual gross revenues for  |
|                                | three preceding years               |
+--------------------------------+-------------------------------------+
| ***Wireless and Commercial     |                                     |
| Mobile Services***             |                                     |
+--------------------------------+-------------------------------------+
| Cellular Licensees             | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase |                                     |
| I Licensees                    |                                     |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase | Auction special size standard -     |
| II Licensees                   |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and controlling          |
|                                | principals)                         |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and controlling          |
|                                | principals)                         |
+--------------------------------+-------------------------------------+
| 700 MHZ Guard Band Licensees   |                                     |
+--------------------------------+-------------------------------------+
| Private and Common Carrier     |                                     |
| Paging                         |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | 1,500 Employees or Fewer            |
| Communications Services        |                                     |
| (Blocks A, B, D, and E)        |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | Auction special size standard -     |
| Communications Services (Block |                                     |
| C)                             | **Small Business** is \$40M or less |
|                                | in annual gross revenues for three  |
|                                | previous calendar years             |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three calendar years  |
|                                | (includes affiliates and persons or |
|                                | entities that hold interest in such |
|                                | entity and their affiliates)        |
+--------------------------------+-------------------------------------+
| Broadband Personal             |                                     |
| Communications Services (Block |                                     |
| F)                             |                                     |
+--------------------------------+-------------------------------------+
| Narrowband Personal            |                                     |
| Communications Services        |                                     |
+--------------------------------+-------------------------------------+
| Rural Radiotelephone Service   | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Air-Ground Radiotelephone      |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| 800 MHz Specialized Mobile     | Auction special size standard -     |
| Radio                          |                                     |
|                                | **Small Business** is \$15M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
+--------------------------------+-------------------------------------+
| 900 MHz Specialized Mobile     |                                     |
| Radio                          |                                     |
+--------------------------------+-------------------------------------+
| Private Land Mobile Radio      | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Amateur Radio Service          | N/A                                 |
+--------------------------------+-------------------------------------+
| Aviation and Marine Radio      | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Fixed Microwave Services       |                                     |
+--------------------------------+-------------------------------------+
| Public Safety Radio Services   | **Small Business** is 1,500         |
|                                | employees or less                   |
|                                |                                     |
|                                | **Small Government Entities** has   |
|                                | population of less than 50,000      |
|                                | persons                             |
+--------------------------------+-------------------------------------+
| Wireless Telephony and Paging  | 1,500 Employees or Fewer            |
| and Messaging                  |                                     |
+--------------------------------+-------------------------------------+
| Personal Radio Services        | N/A                                 |
+--------------------------------+-------------------------------------+
| Offshore Radiotelephone        | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Wireless Communications        | **Small Business** is \$40M or less |
| Services                       | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 39 GHz Service                 |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction special size standard       |
| Service                        | (1996) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
|                                |                                     |
|                                | Prior to Auction --                 |
|                                |                                     |
|                                | **Small Business** has annual       |
|                                | revenue of \$12.5M or less          |
+--------------------------------+-------------------------------------+
| Multichannel Multipoint        | \$12.5 Million in Annual Receipts   |
| Distribution Service           | or Less                             |
+--------------------------------+-------------------------------------+
| Instructional Television Fixed |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Local Multipoint Distribution  | Auction special size standard       |
| Service                        | (1998) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 218-219 MHZ Service            | First Auction special size standard |
|                                | (1994) --                           |
|                                |                                     |
|                                | **Small Business** is an entity     |
|                                | that, together with its affiliates, |
|                                | has no more than a \$6M net worth   |
|                                | and, after federal income taxes     |
|                                | (excluding carryover losses) has no |
|                                | more than \$2M in annual profits    |
|                                | each year for the previous two      |
|                                | years                               |
|                                |                                     |
|                                | New Standard --                     |
|                                |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| Satellite Master Antenna       | \$12.5 Million in Annual Receipts   |
| Television Systems             | or Less                             |
+--------------------------------+-------------------------------------+
| 24 GHz -- Incumbent Licensees  | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 24 GHz -- Future Licensees     | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| ***Miscellaneous***            |                                     |
+--------------------------------+-------------------------------------+
| On-Line Information Services   | \$18 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio and Television           | 750 Employees or Fewer              |
| Broadcasting and Wireless      |                                     |
| Communications Equipment       |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Audio and Video Equipment      |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Telephone Apparatus            | 1,000 Employees or Fewer            |
| Manufacturers (Except          |                                     |
| Cellular)                      |                                     |
+--------------------------------+-------------------------------------+
| Medical Implant Device         | 500 Employees or Fewer              |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Hospitals                      | \$29 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Nursing Homes                  | \$11.5 Million in Annual Receipts   |
|                                | or Less                             |
+--------------------------------+-------------------------------------+
| Hotels and Motels              | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Tower Owners                   | (See Lessee's Type of Business)     |
+--------------------------------+-------------------------------------+

[^1]: 47 U.S.C. § 302a(b).

[^2]: 47 C.F.R. § 2.803(a)(1).

[^3]: 47 C.F.R. § 15.231(a).

[^4]: On October 3, 2001, the Commission staff issued a grant of
    certification to IKUSI for the RCT, and assigned the device FCC
    Identification Number PVT-TM60.

[^5]: *See* 47 C.F.R. § 15.231(a).

[^6]: Letter from Joseph P. Casey, Chief, Spectrum Enforcement Division,
    Enforcement Bureau, to Miguel Portillo, Director, TLC Division,
    IKUSI-Angel Iglesias, S.A. (March 29, 2004) ("LOI").

[^7]: Letter from Mace J. Rosenstein, Esquire and David L. Martin,
    Esquire, Hogan & Hartson, L.L.P., to Yasin Ozer, Spectrum
    Enforcement Division, Enforcement Bureau (April 26, 2004)
    ("Response"). IKUSI's Response included a Confidentiality Request in
    which IKUSI sought confidential treatment of its entire Response. On
    June 9, 2004, the Spectrum Enforcement Division issued an order
    (which has become final) denying in large part IKUSI's request,
    finding that IKUSI's request was overbroad. The Division, however,
    decided to accord confidential treatment to one specific item \--
    the number of devices that IKUSI had shipped for sale in the United
    States. *See* *IKUSI-Angel Iglesias, S.A., Order*, DA 04-1648 (Enf.
    Bur., Spectrum Enforcement Division, released June 9, 2004).

[^8]: Response at 1.

[^9]: *Id.* at 1-2.

[^10]: IKUSI states that it has been unable to contact the NCL, and that
    it believes the company went out of business. *See id.* at 3.

[^11]: *Id*. at 3-4.

[^12]: *Id*. at 4 n.8.

[^13]: *Id*. at 5.

[^14]: *Id*. at 2.

[^15]: *Id*. at 5-6.

[^16]: *Id.* at 1-2.

[^17]: Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies
    to Section 503(b) of the Act, provides that "\[t\]he term 'willful,'
    when used with reference to the commission or omission of any act,
    means the conscious and deliberate commission or omission of such
    act, irrespective of any intent to violate any provision of this Act
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^18]: As provided by 47 U.S.C. § 312(f)(2), a continuous violation is
    "repeated" if it continues for more than one day. The *Conference
    Report* for Section 312(f)(2) indicates that Congress intended to
    apply this definition to Section 503 of the Act as well as Section
    312. *See* H.R. Rep. 97^th^ Cong. 2d Sess. 51 (1982). *See Southern
    California Broadcasting Company*, 6 FCC Rcd 4387, 4388 (1991) and
    *Western Wireless Corporation*, 18 FCC Rcd 10319 at fn. 56 (2003).

[^19]: *See Wagenvoord Broadcasting Co.,* 35 FCC 2d 361, 361\--362, ¶ 3
    (1972) (no mitigation of forfeiture amount because of reliance on
    consulting engineer's erroneous advice); *Roadrunner Electronics,
    Inc.*, 8 FCC Rcd 6398, 6398 ¶ 6 (FOB 1993) (finding vendor
    responsible for selling compliant radiofrequency devices, despite
    its claims that it was not aware of its inventory and that its
    employees failed to comply with Commission Rules). *See also Eure
    Family Limited Partnership.,* 17 FCC Rcd 21861, 21863-64 ¶¶ 6-7
    (2002) (no mitigation of forfeiture amount because actions were
    those of lessee/contractor), *MTD, Inc.,* 6 FCC Rcd 34, 35 (1991)
    (no lessening of responsibility when contractors are used).

[^20]: *See, e.g., AGM-Nevada, LLC*, 18 FCC Rcd 1476, 1478-79 ¶ 8 (Enf.
    Bur. 2003).

[^21]: *See AT&T Wireless Services, Inc.,* 17 FCC Rcd 21866, 21871 ¶ 14;
    *KGVL, Inc.*, 42 FCC 2d 258, 259 (1973).

[^22]: *See Seawest Yacht Brokers*, 9 FCC Rcd 6099, 6099 (1994).

[^23]: The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
    12 FCC Rcd 17087, 17110 (1997), recon. denied (1999).

[^24]: *See New Image Electronics*, 17 FCC Rcd 3594, 3595 ¶¶ 4-5 (Enf.
    Bur. 2002) (imposing a \$7,000 forfeiture against a vendor for
    marketing non-compliant long-range cordless telephones).

[^25]: 47 U.S.C. § 503(b).

[^26]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^27]: 47 C.F.R. § 1.1914.