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 Federal  Communications  Commission  DA  04-  3947 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 VIA  Technologies,  Inc. 
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 File  No.  EB-  02-  TS-  701  NAL/  Acct.  No.  200532100001 
 FRN  #  0011606399 


 FORFEITURE  ORDER 
 Adopted:  December  17,  2004  Released:  December  21,  2004 
 By  the  Chief,  Spectrum  Enforcement  Division,  Enforcement  Bureau: 
 1.  In  this  Forfeiture  Order  (“  Order”),  we  issue  a  monetary  forfeiture  in  the  amount  of  fourteen  thousand  dollars  ($  14,000)  against  VIA  Technologies,  Inc.  (“  VIA”)  for  importing  and  marketing 
 in  the  United  States  unauthorized  radio  frequency  devices,  specifically,  its  model  EPIA-  M  and  EPIA-  CL  computer  central  processing  unit  (“  CPU”)  boards,  in  willful  and  repeated  violation  of  Section  302(  b)  of 
 the  Communications  Act  of  1934,  as  amended  (“  Act”),  1  and  Section  2.803(  a)  of  the  Commission’s  Rules  (“  Rules”).  2 


 2.  On  October  6,  2004,  the  Spectrum  Enforcement  Division  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  in  the  amount  of  $14,000  to  VIA.  3  VIA  has  not  filed  a  response  to  the  NAL. 
 Based  on  the  information  before  us,  we  affirm  this  forfeiture. 
 3.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to  Section  503(  b)  of  the  Act  4  ,  and  Sections  0.111,  0.311  and  1.80(  f)(  4)  of  the  Rules,  5  VIA  Technologies,  Inc.  IS  LIABLE  FOR  A 
 MONETARY  FORFEITURE  in  the  amount  of  fourteen  thousand  dollars  ($  14,000)  for  willfully  and  repeatedly  violating  Section  302(  b)  of  the  Act  and  Section  2.803(  a)  of  the  Rules. 


 4.  Payment  of  the  forfeiture  shall  be  made  in  the  manner  provided  for  in  Section  1.  80  of  the  Rules  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  of  the  forfeiture  must  be  made  by  check  or  similar  instrument,  payable  to  the  order  of  the 
 Federal  Communications  Commission.  The  payment  must  include  the  NAL/  Acct.  No.  and  FRN  No.  referenced  above.  Payment  by  check  or  money  order  may  be  mailed  to  Forfeiture  Collection  Section, 
 Finance  Branch,  Federal  Communications  Commission,  P.  O.  Box  73482,  Chicago,  Illinois  60673-  7482. 
 1  47  U.  S.  C.  §  302a(  b). 
 2  47  C.  F.  R.  §  2.803(  a). 
 3  VIA  Technologies,  Inc.,  19  FCC  Rcd  19526  (2004). 
 4  47  U.  S.  C.  §  503(  b). 
 5  47  C.  F.  R.  §§  0.111,  0.  311,  1.80(  f)(  4). 
 6  47  U.  S.  C.  §  504(  a). 
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 Federal  Communications  Commission  DA  04-  3947 
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 Payment  by  overnight  mail  may  be  sent  to  Bank  One/  LB  73482,  525  West  Monroe,  8th  Floor  Mailroom,  Chicago,  IL  60661.  Payment  by  wire  transfer  may  be  made  to  ABA  Number  071000013,  receiving  bank 
 Bank  One,  and  account  number  1165259.  Requests  for  full  payment  under  an  installment  plan  should  be  sent  to:  Chief,  Revenue  and  Receivables  Operations  Group,  445  12th  Street,  S.  W.,  Washington,  D.  C. 
 20554.  7 
 5.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Forfeiture  Order  shall  be  sent  by  first  class  mail  and  certified  mail  return  receipt  requested  to  VIA  Technologies,  Inc.,  940  Mission  Court, 
 Fremont,  CA  94539,  and  to  its  counsel,  Douglas  L.  Povich,  Esq.,  Squire,  Sanders  &  Dempsey  L.  L.  P.,  14th  Floor,  8000  Towers  Crescent  Drive,  Tysons  Corner,  VA  22182-  2700. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Joseph  P.  Casey  Chief,  Spectrum  Enforcement  Division 
 Enforcement  Bureau 


 7  See  47  C.  F.  R.  §  1.1914. 
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