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 Federal  Communications  Commission  DA  02-  1127 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  File  No.:  EB-  01-  MA-  035  ) 
 Lightning  Electronics,  Inc.  )  NAL/  Acct.  No.  200232700002  ) 
 Miami,  Florida  )  FRN  0006-  2915-  95 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  May  10,  2002  Released:  May  14,  2002 
 By  the  Chief,  Enforcement  Bureau: 


 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  seven  thousand  dollar  ($  7,000)  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  1  that  the  Miami  Resident  Agent  Office 
 issued  to  Lightning  Electronics,  Inc.  (“  Lightning”),  for  apparently  violating  Section  302(  b)  of  the  Communications  Act  of  1934,  as  amended  (“  Act”)  2  and  Section  2.  803(  a)(  1)  of  the  Commission’s  Rules 
 (“  Rules”).  3  The  alleged  violations  involve  Lightning’s  marketing  of  non-  compliant  high-  power  cordless  telephones. 


 2.  The  Commission’s  Miami,  Florida,  Resident  Agent  Office  issued  the  NAL  to  Lightning  on  October  29,  2001.  Lightning  did  not  file  a  response  to  the  NAL.  On  February  21,  2002,  the  Chief, 
 Enforcement  Bureau,  issued  a  Forfeiture  Order  4  affirming  the  forfeiture  proposed  by  the  NAL.  On  March  8,  2002,  Lightning  filed  a  petition  for  reconsideration  of  the  Forfeiture  Order.  5 


 3.  As  indicated  in  the  petition  for  reconsideration,  certain  information  set  forth  in  the  NAL  does  not  pertain  to  Lightning.  After  reviewing  the  entire  record,  we  find  that  the  monetary  forfeiture  should  be 
 cancelled.  See  Section  503(  b)(  4)(  ii)  and  (iii)  of  the  Act.  6 


 4.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the  Act,  7  and  Section  1.80(  f)(  4)  of  the  Rules,  8  the  captioned  NAL  issued  to  Lightning  IS  CANCELLED. 


 1  Notice  of  Apparent  Liability  for  Forfeiture,  NAL/  Acct.  No.  200232700002  (Enf.  Bur.,  Miami  Office,  released  October 
 29,  2001). 


 2  47  U.  S.  C.  §  302a  (b). 


 3  47  C.  F.  R.  §  2.803(  a)(  1). 
 4  Lightning  Electronics,  Inc.,  17  FCC  Rcd  3131  (Enf.  Bur.  2002) 
 5  Lightning’s  filing  is  entitled  “Written  Statement  Seeking  Reduction  or  Cancellation  of  a  Proposed  Forfeiture.”  We 
 are  treating  it  as  a  petition  for  reconsideration  of  the  Forfeiture  Order  pursuant  to  Section  405  of  the  Act,  47  U.  S.  C.  §  405,  and  Section  1.106  of  the  Rules,  47  C.  F.  R.  §  1.106. 


 6  47  U.  S.  C.  §§  503(  b)(  4)(  ii)  and  (iii). 
 7  47  U.  S.  C.  §  504(  b). 
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 5.  IT  IS  FURTHER  ORDERED  that,  pursuant  to  Section  405  of  the  Act  and  Section  1.106  of  the  Rules,  Lightning’s  petition  for  reconsideration  IS  GRANTED  to  the  extent  indicated  above  and  IS 
 DENIED  in  all  other  respects. 


 6.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail  --  Return  Receipt  Requested  --  to  Lightning  Electronics,  Inc.,  at  231  E.  Flagler  Street,  Unit  #1,  Miami, 
 Florida  33131,  and  to  Lightning’s  attorney,  Ira  S.  Silver,  Esquire,  Silver  &  Silver,  108  S.  Miami  Avenue,  2  nd  Floor,  Miami,  Florida  33130. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 David  H.  Solomon  Chief,  Enforcement  Bureau 


 8  47  C.  F.  R.  §  1.80(  f)(  4). 
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