*Pages 1--2 from Microsoft Word - 54493.doc* Federal Communications Commission DA 06- 132 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Inteligain Corporation, Inc Calabasas, California ) ) ) ) ) ) ) ) File No. EB- 04- SE- 218 NAL/ Acct. No. 200532100014 FRN # 0009360082 FORFEITURE ORDER Adopted: January 23, 2006 Released: January 25, 2006 By the Chief, Spectrum Enforcement Division, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of seven thousand dollars ($ 7,000) against Inteligain Corporation, Inc. (“ Inteligain”) for willful and repeated violation of Section 302( b) of the Communications Act of 1934, as amended (“ Act”), 1 and Section 2.803( a)( 1) of the Commission’s Rules (“ Rules”). 2 The noted violation involves Inteligain marketing the dual band cellular (“ DBA- 819 model”) and Personal Communications Service (“ PCS”) amplifier, FCC ID # RCUDBA819- 807, in a manner inconsistent with a condition in its equipment certification intended to ensure compliance with RF exposure limits. 2. On September 12, 2005, the Enforcement Bureau, Spectrum Enforcement Division issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $7,000 to Inteligain. 3 Inteligain has not filed a response to the NAL. Based on the information before us, we affirm this forfeiture. 3. Accordingly, IT IS ORDERED THAT, pursuant to Section 503( b) of the Act 4 , and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 5 Inteligain Corporation, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven thousand dollars ($ 7,000) for willfully and repeatedly violating Section 302( b) of the Act and Section 2.803( a)( 1) 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 Federal Communications 1 47 U. S. C. § 302a( b). 2 47 C. F. R. § 2.803( a)( 1). 3 Inteligain Corporation, Inc., 20 FCC Rcd 14589 (Enf. Bur., Spectrum Enforcement Division, 2005). 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). 1 Federal Communications Commission DA 06- 132 2 Commission, P. O. Box 358340, Pittsburgh, PA 15251- 8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911- 6106. 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 Dana Mitchell, President, Inteligain Corporation, Inc., 26500 W. Agoura Road, Suite 102- 656, Calabasas, California 91302. FEDERAL COMMUNICATIONS COMMISSION Joseph P. Casey Chief, Spectrum Enforcement Division Enforcement Bureau 7 See 47 C. F. R. § 1.1914. 2