*Pages 1--2 from Microsoft Word - 6984.doc* Federal Communications Commission DA 01- 459 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) The Ohio Bell Telephone Company ) File No. EB- 00- TS- 079 Licensee of Paging Station KQD612 ) NAL/ Acct. No. 200132100007 Dayton, Ohio ) FORFEITURE ORDER Adopted: February 16, 2001 Released: February 21, 2001 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of five thousand dollars ($ 5,000) against the Ohio Bell Telephone Company (“ Ohio Bell”) for willful violation of Section 301 of the Communications Act of 1934 (“ Act”) 1 , as amended, and Section 22. 3 of the Commission’s Rules (“ Rules”). 2 The noted violation involves Ohio Bell’s operation of a paging system without Commission authorization. 2. On November 29, 2000, we released a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of five thousand dollars ($ 5,000) to Ohio Bell. Ohio Bell has not filed a response to the NAL. Based on the information before us, we affirm the assessment of a monetary forfeiture in this matter. 3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section 503( b) of the Act, 3 and Sections 0.111, 0. 311 and 1.80( f)( 4) of the Commission's Rules, 4 the Ohio Bell Telephone Company IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful violation of the provisions of Section 301 of the Act and Section 22. 3 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commission’s Rules 5 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. 6 Payment may be made 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 reference NAL/ Acct. number 200132100007. 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. 7 1 47 U. S. C. § 301. 2 47 C. F. R. § 22. 3. 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0.111, 0.311, 1.80( f)( 4). 5 47 C. F. R. § 1.80. 6 47 U. S. C. § 504( a). 7 See 47 C. F. R. § 1.1914. 1 Federal Communications Commission DA 01- 459 2 5. IT IS FURTHER ORDERED THAT this notice shall be sent, by certified mail, return receipt requested, to the Ohio Bell Telephone Company at 2000 West Ameritech Center Drive, Hoffman Estate, Illinois, 60195- 1025, and its counsel, Skadden, Arps, Slate, Meagher & Flom, Attention: David H. Pawlick, 1440 New York Avenue, NW, Washington, DC 20005. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2