*Pages 1--2 from  Microsoft Word - 43010*
 Federal  Communications  Commission  DA  04-  3246 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 
 In  the  Matter  of  )  ) 
 Business  Cell  Systems  )  File  Number  EB-  02-  AT-  415  Owner  of  Antenna  Structure  #1216842  near  Tellico  )  NAL/  Acct.  No.  200332480015 
 Plains,  Tennessee  )  FRN:  0005-  8658-  60  Athens,  Tennessee  ) 
 ) 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  October  13,  2004  Released:  October  15,  2004 
 By  the  Chief,  Enforcement  Bureau: 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  grant  the  Petition  for  Reconsideration  of  the  Enforcement  Bureau’s  Forfeiture  Order  1  in  the  above  captioned  matter  filed  by 
 Business  Cell  Systems  (“  Business  Cell”)  on  August  26,  2004.  Business  Cell  seeks  cancellation  or  reduction  of  the  forfeiture  because  of  inability  to  pay.  Based  on  our  review  of  the  financial  information 
 provided  by  Business  Cell,  we  conclude  that  an  eight  thousand  dollar  ($  8,000)  forfeiture  would  impose  a  financial  hardship  on  the  licensee.  Therefore,  we  reduce  the  forfeiture  to  one  thousand  dollars  ($  1,000). 


 2.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  405  of  the  Communications  Act  of  1934  as  amended,  and  Sections  1.80(  i)  and  1.106  of  the  Rules,  2  Business  Cell’s  Petition  for 
 Reconsideration  IS  GRANTED,  and  the  $8,000  forfeiture  is  reduced  to  one  thousand  dollars  ($  1,000)  for  Business  Cell’s  willful  and  repeated  violation  of  Section  17.51(  b)  of  the  Rules. 


 3.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.80  of  the  Commission’s  Rules  3  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.  4  Payment  may  be  made  by  credit  card  through  the  Commission's  Credit  and  Debt 
 Management  Center  at  (202)  418-  1995  or  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.  Payment  by  overnight  mail  may  be  sent  to  Bank  One/  LB  73482,  525  West  Monroe,  8  th  Floor  Mailroom,  Chicago,  Illinois  60661.  Payment  by  wire  transfer  may  be  made 
 to  ABA  Number  071000013,  receiving  bank  Bank  One,  and  account  number  1165259.  The  payment  must  include  the  FCC  Registration  Number  (FRN)  and  the  NAL/  Acct.  No.  referenced  in  the  caption. 


 1  19  FCC  Rcd  13847  (Enf.  Bur.  2004). 
 2  47  U.  S.  C.  §  405;  47  C.  F.  R.  §  §  1.80(  i)  and  1.106. 
 3  47  C.  F.  R.  §  1.80. 
 4  47  U.  S.  C.  §  504(  a). 
1
 Federal  Communications  Commission  DA  04-  3246 
 2 
 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.  5 
 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by  Certified  Mail,  Return  Receipt  Requested,  and  by  First  Class  Mail  to  Business  Cell  Systems,  P.  O.  Box  1374,  Athens,  TN 
 37371. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 5  See  47  C.  F.  R.  §  1.1914. 
2