Federal Communications Commission FCC 09-25 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) File No. EB-06-SE-199 ) Hawking Technologies, Inc. ) NAL/Acct. No. 200732100022 Irvine, California ) ) FRN # 0012065009 FORFEITURE ORDER Adopted: March 27, 2009 Released: March 31, 2009 By the Commission: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of fifty thousand dollars ($50,000) to Hawking Technologies, Inc. (“Hawking”) for willful and repeated violation of Section 302(b) of the Communications Act of 1934, as amended (“Act”),1 and Sections 2.803(a) and 15.204(d) of the Commission’s Rules (“Rules”).2 The apparent violations involve marketing external radio frequency power amplifiers in a manner that was inconsistent with the terms of Hawking’s equipment authorization and the requirements of Section 15.204(d) of the Rules. 2. On April 2, 2007, the Commission issued a Notice of Apparent Liability for Forfeiture (“NAL”)3 in the amount of $50,000 to Hawking. Although Hawking received a copy of the NAL,4 it 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,5 and Section 1.80(f)(4) of the Rules,6 Hawking Technologies, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $50,000 for willfully and repeatedly violating Section 302(b) of the Act and Sections 2.803(a) and 15.204(d) 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.7 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 1 47 U.S.C. § 302a(b). 2 47 C.F.R. §§ 2.803(a) and 15.204(d). 3 Hawking Technologies, Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 7140 (2007). 4 The United States Postal Service website’s Track and Confirm feature confirms that Hawking received the NAL on April 9, 2007. 5 47 U.S.C. § 503(b). 6 47 C.F.R. § 1.80(f)(4). 7 47 U.S.C. § 504(a). Federal Communications Commission FCC 09-25 2 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). 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. Hawking will also send electronic notification on the date said payment is made to Ricardo.Durham@fcc.gov and Celia.Lewis@fcc.gov. 5. IT IS FURTHER ORDERED THAT this Order shall be sent shall be sent by first class mail and certified mail return receipt requested to Hawking Technologies, Inc., 15281 A Barranca Pkwy., Irvine, CA 92618. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary