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 Federal  Communications  Commission  DA  01-  495 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Skywave  Electronics,  Inc.  )  File  No.  EB-  00-  AT-  289 
 Rockford,  Illinois  )  NAL/  Acct.  No.  X3248003 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  February  22,  2001  Released:  February  26,  2001 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  dismiss  a  Petition  for 
 Reconsideration  (“  Petition”)  of  a  Forfeiture  Order  1  released  on  December  14,  2000,  in  the  above-referenced 
 proceeding.  In  the  Forfeiture  Order,  we  issued  a  monetary  forfeiture  in  the  amount  of  seven 
 thousand  dollars  $7,  000  against  Skywave  Electronics,  Inc.  (“  Skywave”)  for  violating  Section  302  of  the 
 Communications  Act  of  1934,  as  amended  (“  Act”)  2  and  Section  2.907  of  the  Commission’s  Rules 
 (“  Rules”),  3  by  marketing  a  non-  compliant  device  for  use  in  the  FM  broadcast  band.  The  noted  violations 
 involve  the  sale  and  distribution  of  at  least  11  FM  transmitters  that  exceeded  the  power  limitations  of 
 Skywave’s  authorization.  Skywave’s  petition  is  untimely.  Accordingly,  it  is  dismissed. 


 2.  Section  405  of  the  Act  4  requires  a  petition  for  reconsideration  to  be  filed  within  30  days 
 of  the  date  from  which  public  notice  of  the  action  is  given.  In  this  particular  case,  we  gave  public  notice 
 of  the  action  on  December  14,  2000,  the  date  the  Forfeiture  Order  was  released.  Therefore,  a  petition  for 
 reconsideration  of  the  Forfeiture  Order  had  to  be  filed  with  the  Commission  by  January  16,  2001  (the 
 first  business  day  following  the  expiration  of  30  days),  in  order  to  be  considered  timely.  Skywave’s 
 Petition  was  not  filed  until  January  18,  2001.  5 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  405  of  the  Act  and  Section 
 1.106  of  the  Rules,  6  Skywave’s  Petition  for  Reconsideration  IS  DISMISSED. 


 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  certified  mail, 
 return  receipt  requested,  to  Skywave  Electronics,  Inc.  at  1205  N.  Horace  Avenue,  Rockford,  Illinois  61101, 


 1  Forfeiture  Order,  NAL/  Acct.  No.  X3248003  (Enf.  Bur.,  released  December  14,  2000). 


 2  47  U.  S.  C.  §  302a. 
 3  47  C.  F.  R.  §  2.  907. 
 4  47  U.  S.  C.  §  405. 
 5  A  date  stamp  from  the  Commission’s  mail  room  bears  this  date.  See  47  C.  F.  R.  §  1.  7. 
 6  47  U.  S.  C.  §  405;  47  C.  F.  R.  §  1.106 
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 Federal  Communications  Commission  DA  01-  495 
 2 
 and  its  counsel,  Lewis  H.  Goldman,  Esq.,  Law  Offices,  Lewis  H.  Goldman,  P.  C.,  Plaza  Suite  9,  4141  North 
 Henderson  Road,  Arlington,  Virginia,  22203. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 
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