Federal Communications Commission DA 09-897 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of 1st United Tel-Com, Inc. Apparent Liability for Forfeiture ) ) ) ) ) File No. EB-06-TC-3303 NAL/Acct. No. 20073217 0045 FRN: 0016272023 FORFEITURE ORDER Adopted: April 27, 2009 Released: April 28, 2009 By the Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of four thousand dollars ($4,000) against 1st United Tel-Com, Inc. (“1st United” or “Company”). 1st United violated a Commission order by failing to respond to the directive of the Enforcement Bureau (“Bureau”) to provide certain information and documents. 1st United acted in willful or repeated violation of Section 503(b) of the Communications Act of 1934, as amended, (“Act”)1 and Section 1.80 of the Commission’s rules (“Rules”).2 2. On March 30, 2007, the Bureau issued to 1st United a Notice of Apparent Liability for Forfeiture (“NAL”)3 proposing a forfeiture in the amount of four thousand dollars ($4,000) based on 1st United’s apparent violation of a Bureau’s directive. The NAL gave 1st United the option of paying the proposed forfeiture or of filing a response to the NAL stating why the proposed forfeiture should either not be assessed or should be reduced. The NAL was sent by certified mail to 1st United’s last known address. 1st United has not filed a response to the NAL nor has 1st United paid the proposed forfeiture amount. 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 180(f)(4) of the Rules,5 1st United Tel-Com, Inc. IS LIABLE FOR A MONETARY FORFEITURE to the United States Government in the sum of four thousand dollars ($4,000) for willfully and repeatedly violating Section 503 of the Act and Section 1.80 of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Commission’s rules within thirty (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 1 47 U.S.C. § 503(b). 2 47 C.F.R. § 1.80. 3 1st United Tel-Com, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 6293 (2007) (“NAL”). 4 47 U.S.C. § 503(b). 5 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). Federal Communications Commission DA 09-897 2 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). 1st United will also send electronic notification on the date said payment is made to Johnny.drake@fcc.gov. Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 5. IT IS FURTHER ORDERED that a copy of the Forfeiture Order shall be sent by first class mail and certified mail return receipt requested to 1st United Tel-Com, Inc. at its address of record. FEDERAL COMMUNICATIONS COMMISSION Kris A. Monteith Chief, Enforcement Bureau 6 47 U.S.C. § 504(a).