Federal Communications Commission DA 07-452 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Jason Kaltenbach d/b/a Metamerchant Laguna Nigel, California ) ) ) ) ) ) ) File Number: EB-05-LA-238 NAL/Acct. No.: 200732900001 FRN: 0004224713 FORFEITURE ORDER Adopted: January 31, 2007 Released: February 2, 2007 By the Regional Director, Western Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of fourteen thousand dollars ($14,000) to Jason Kaltenbach (“Kaltenbach”) d/b/a Metamerchant, for willfully and repeatedly violating Section 302(b) of the Commissions Act of 1934, as amended (“Act”),1 and Section 2.803(a)(1) of the Commission’s Rules (“Rules”).2 The noted violation includes offering for sale non-certified VHF and UHF transceivers in Laguna Nigel, California. 2. On November 9, 2006, the District Director of the Enforcement Bureau’s Los Angeles Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $14,000 to Kaltenbach.3 Despite repeated contacts by the Los Angeles Office, Kaltenbach has not filed a response to the NAL. Based on the information before us, we affirm the 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 Commission’s Rules,5 Jason Kaltenbach d/b/a Metamerchant, IS LIABLE FOR A MONETARY FORFEITURE in the amount of $14,000 for willfully and repeatedly violating of Section 302(b)6 of the Act and Section 2.803(a)(1) of the Rules.7 1 47 U.S.C. § 302a(b). 2 47 C.F.R. § 2.803(a)(1). 3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732900001 (Enf. Bur., Western Region, Los Angeles Office, released November 9, 2006). 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. § 302a(b). 7 47 C.F.R. § 2.803(a)(1). Federal Communications Commission DA 07-452 2 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.8 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 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: Associate Managing Director – Financial Operations, Room 1A625, 445 12th Street, S.W., Washington, D.C. 20554.9 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Jason Kaltenbach d/b/a Metamerchant, at his address of record. FEDERAL COMMUNICATIONS COMMISSION Rebecca L. Dorch Regional Director, Western Region Enforcement Bureau 8 47 U.S.C. § 504(a). 9 See 47 C.F.R. § 1.1914.