*Pages 1--2 from Microsoft Word - 14565.doc* Federal Communications Commission DA 02- 235 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D. C. 20554 In the Matter of NORTH COUNTY COMMUNICATIONS CORP. ) ) ) ) ) ) File No. EB- 01- IH- 0017n Acct. No. 200132080045 FRN 0005- 9028- 61 MEMORANDUM OPINION AND ORDER Adopted: January 30, 2002 Released: February 1, 2002 By the Chief, Enforcement Bureau: 1. By this Memorandum Opinion and Order we adopt the attached Consent Decree entered into between the Enforcement Bureau, and North County Communications Corp (“ NCC”). We find that the Consent Decree provides for an appropriate resolution of the Bureau’s investigation into NCC’s compliance with section 52. 15( f) of the Commission’s rules, which requires semi- annual reporting of number utilization and forecast data. 1 2. Among other things, the Consent Decree provides that NCC will implement a program to ensure its future compliance with the Act and the Commission’s rules and policies. In addition, the Consent Decree provides that NCC will make a voluntary contribution to the United States Treasury in the amount of $4,800. 2 3. We have reviewed the Consent Decree and evaluated the circumstances underlying the investigation. We believe that the public interest would be served by adopting the Consent Decree and terminating the investigatory proceeding. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Sections 4( i), 4( j), and 503( b) of the Communications Act of 1934, as amended, 3 and Sections 0.111 and 0.311 of the Commission’s rules, 4 the Consent Decree attached hereto IS ADOPTED. 1 47 C. F. R. § 52.15( f). 2 Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment must include the FCC Registration Number (FRN) and the Acct. No. referenced above. 3 47 U. S. C. §§ 4( i), 4( j), 503( b). 4 47 C. F. R. §§ 0.111, 0.311 1 Federal Communications Commission DA 02- 235 2 5. IT IS FURTHER ORDERED, That the Notice of Apparent Liability for Forfeiture, North County Communications Corp., 16 FCC Rcd 8650 (EB 2001) IS HEREBY CANCELLED and the above- captioned investigatory proceeding IS TERMINATED. 6. IT IS FURTHER ORDERED, That a copy of this Memorandum Opinion and Order and Consent decree shall be sent by certified mail, return receipt requested to Todd Lesser, President, North County Communications Corp., 3802 Rosecrans, # 485, San Diego, CA 92110 and Brett H. Freedson, Esq., and Todd Daubert, Esq., Kelley Drye & Warren LLP, 1200 19 th Street, N. W., Suite 500, Washington, DC 20036 FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2