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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""2"2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddPolicy Statement of Assessing Forfeitures, 8 FCC Rcd 6215 (1993). In July 1994, the United  X- xzStates Court of Appeals for the D.C. Circuit vacated the forfeiture guidelines. United States  X- xTelephone Assn v. FCC, 28 F.3d 1232 (D.C. Cir 1994). On our own motion, pursuant to  xSection 504(b) of the Act, 47 U.S.C. 504(b) we have evaluated all of the circumstances in this case and conclude that a forfeiture in the amount of $2,000 is warranted.  X- II. BACKGROUND ă  XW- ` x2.` ` On December 4, 1991, at 11:00 a.m. MST, Pronto Express Inc. operated a radio  xstation on 155.725 MHz. Pronto Express Inc. had no Commission authority for this operation.  xOn September 10, 1992, the Compliance and Information Bureau's Douglas Field Office issued  xNa Notice of Apparent Liability (NAL) to Pronto Express Inc. which proposed a monetary  xforfeiture in the amount of $8,000. Pronto Express Inc. responded to the NAL by letter dated  x{September 21, 1992. Pronto Express Inc. did not deny the violation. Pronto Express Inc.,  xhowever, requested mitigation of the forfeiture amount because its business operates on both sides  xof the United StatesMexican border and the Mexican government had issued a radio license for"% ,))ZZ$"  xuse in Nogales, Sonora, Mexico on 155.725 MHz. A copy of the Mexican radio station license was submitted with the letter.  X- ` Ax3.` ` On review of the information provided in response to the NAL, the Douglas Field  xyOffice concluded that Pronto Express Inc. had violated Section 301 of the Communications Act  xand that the violation was willful. The Douglas Field Office concurred, however, that Pronto  xExpress Inc. had demonstrated mitigating circumstances and accordingly adjusted the forfeiture  xMto $2,000. On September 28, 1992, the Douglas Field Office issued a NOF to Pronto Express Inc. for $2,000.  X - III. DISCUSSION ă  X - ` `x4.` ` As previously noted, the NOF followed the Commission's forfeiture guidelines  X - xvacated by the court in United States Telephone Assn v. FCC, 28 F.3d 1232 (D.C.Cir 1994). In  xlight of the court's decision, we are assessing the forfeiture amount pursuant to the guidelines of  xSection 503 of the Act, 47 U.S.C. 503. In assessing forfeitures, Section 503 of the Act requires  x>that the Commission take into account the nature, circumstances, extent, and gravity of the  x-violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. 47 U.S.C. 503(b)(2)(D).  X4- ` px5.` ` Pronto Express Inc. has not denied that the unlicensed broadcast operation  xoccurred. Unlicensed operation is an egregious violation because of potential interference or, as  xxin the instant case, actual interference to public safety frequencies. As the NAL indicated, Pronto  xExpress Inc. was not licensed by the Commission to transmit on 155.725 MHz. This  xunauthorized transmission caused interference to Santa Cruz County Emergency Services and also  x.to the Santa Cruz County Sheriff's radios operating on 155.715 MHz. In addition, the violation  X- xis willful3 i yO#- x#C\  P6QP#эWillful is defined as the conscious and deliberate commission or omission of an act that violates a Commission  xrequirement. For a violation to be willful, it is not required that the violator also intended to violate a requirement  yO- x<of the Commission or be aware that it is committing a violation. 47 U.S.C. 312(f)(1). see Southern California  yO{-Broadcasting Co., 6 FCC Rcd 4387 (1991).3 because Pronto Express Inc. operated the radio without a license from the FCC. An  X- xintent to deliberately violate the Act is not a prerequisite to establishing a willful violation. See  X|- x}Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). Accordingly, upon  xconsideration of all factors in this case, and in light of Section 503 of the Act, we find that the forfeiture amount of $2,000 is warranted.  X -0 IV. ORDERING CLAUSES ă  X- ` x6.` ` IT IS ORDERED , pursuant to Sections 503(b) and 504(b) of the Act, 47 U.S.C.  X- x503(b), 504(b), that Pronto Express Inc. IS LIABLE FOR MONETARY FORFEITURE in  xthe amount of $2,000 for willful violation of the above rules. The amount specified was  xjdetermined after consideration of the factors set forth in Section 503(b) of the Communications Act."",N(N(ZZ!"Ԍ X- ` ԙx7.` ` IT IS FURTHER ORDERED pursuant to Sections 1.80(f)(3) and (h) of the  xCommission's Rules, 46 C.F.R. 1.80(f)(3) and (h), that Pronto Express Inc. must pay the full  xamount of the monetary forfeiture amount of two thousand dollars ($2,000) within thirty (30)  xzdays of the date of release of this order. Forfeitures shall be paid by check, money order, or  xcredit card drawn on a United States financial institution payable to the Federal Communications  X- xCommission. i yO- xZ#C\  P6QP#эRequests for installment plans should be mailed to: Chief, Billings and Collections, Mail Stop 1110A2, 1919  xM Street, N.W., Washington, D.C., 20554. Payment of the forfeiture in installments may be considered as a separate  xKmatter in accordance with Section 1.1914 of the Commission's Rules. Contact Chief, Billings and Collections at (202) 4181995 for more information on payment by credit card. Forfeiture penalties not paid within 30 days may be referred to the U.S. Attorney  xfor recovery in a civil suit. 47 U.S.C. 504(a). Please place NAL/Acct. No. 215DS0012 on the remittance and mail it to: XxX` ` X XFederal Communications Commission(# XxX` ` X XPost Office Box 73482(# XxX` ` X XChicago, Illinois 606737482(#  X - ` 2x8.` ` Any application for review or petition for reconsideration of this decision may be  xfiled within 30 days from the release date of this Order in accordance with Sections 1.115 and 1.106 of the Commission's Rules, 47 C.F.R. 1.115, 1.106, and mailed to: XxX` ` X XFederal Communications Commission(# XxX` ` X XLegal Services Group, Compliance Division, CIB(# XxX` ` X XAttention: Mail Stop Code 1500E/MSL(# XxX` ` X X1919 M Street, N.W.(# XxX` ` X XWashington, DC 20554(# TP  X-x9.` ` IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return receipt requested, to Pronto Express Inc. and to its counsel.  X|-XxX` ` X X FEDERAL COMMUNICATIONS COMMISSION (# XxX` ` X XJoseph P. Casey(# XxX` ` X XActing Chief, Compliance and Information Bureau(#