FCC Record, Volume 28, No. 16, Pages 12584 to 13565, August 22 - September 18, 2013 Page: 12,590
ix, 12584-13565 p. ; 28 cm.View a full description of this book.
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DlA 111761
F ederal !CommunicaLIr l S ons ommusson I 1301 / Ul
Antenna.
(h) "Digital Antenna" means Digital Antenna, Inc. and its subsidiaries as well
as its predecessors-in-interest and its successors-in-interest.
(i) "Effective Date" means the date on which the Bureau releases the
Adopting Order.
(j) "Investigation" means the investigation commenced by the Bureau's
November 5, 2007 letter of inquiry to Digital Antenna, concluding with
Digital Antenna's response to the Bureau's directive in the NAL&O to
fully respond to the Bureau's inquiries.
(k) "Notice of Apparent Liability for Forfeiture and Order" or "NAL&O" means
Digital Antenna, Inc., Notice of Apparent Liability for Forfeiture and Order, 23
FCC Rcd 7600 (Enf. Bur. 2008).
(1) "Parties" means Digital Antenna and the Bureau, each of which is a
"Party."
(m) "Rules" means the Commission's regulations found in Title 47 of the
Code of Federal Regulations.
II. BACKGROUND
2. Sections 4(i), 4(j), and 403 of the Act afford the Commission broad authority to
investigate the entities it regulates. Section 4(i) authorizes the Commission to "issue such orders, not
inconsistent with [the] Act, as may be necessary in the execution of its functions,"3 and Section 4(j) states
that the "Commission may conduct its proceedings in such manner as will best conduce to the proper
dispatch of business and to the ends of justice."' Section 403 likewise grants the Commission "full
authority and power at any time to institute an inquiry, on its own motion ... relating to the enforcement
of any of the provisions of [the] Act."5
3. On November 5, 2007, the Bureau issued a letter of inquiry to Digital Antenna, directing
Digital Antenna to submit a sworn written response to a series of questions relating to Digital Antenna's
marketing of certain cellular boosters/repeaters.6 Digital Antenna responded to the First LOI on
November 6, 2007, but failed to answer all of the Bureau's questions.7 The Bureau issued a second letter
of inquiry to Digital Antenna on February 4, 2008, directing Digital Antenna to provide the information
3Id. 154(i).
4 Id. 154(j).
5Id. 403.
6 See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, FCC Enforcement Bureau, to Anthony
Gallagher, President, Digital Antenna, Inc. (Nov. 5, 2007) (on file in EB-SED-13-00009244) (First LOI). In this
regard, we note that Digital Antenna currently holds 14 equipment authorizations for various cellular
boosters/repeaters.
7 See Letter from Anthony Gallagher, President, Digital Antenna, Inc., to Kathryn S. Berthot, Chief, Spectrum
Enforcement Division, FCC Enforcement Bureau (Nov. 6, 2007) (on file in EB-SED-13-00009244).12590
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United States. Federal Communications Commission. FCC Record, Volume 28, No. 16, Pages 12584 to 13565, August 22 - September 18, 2013, book, September 2013; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc272134/m1/23/: accessed March 29, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.