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                            Before the
                Federal Communications Commission
                     Washington, D.C.  20554

In re                                   )
                                   )
SIMS COMPANY INC.                  )    File No.  720EF0002
                                   )
Notice of Apparent Liability for Forfeiture       )
for KNKP636 in the Paging and                     )
Radiotelephone Service at Portland, Oregon.       )
                                   ) 
 
                                                           
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted:  February 19, 1997;            Released:  February 24, 1997      

By the Chief, Enforcement Division, Wireless Telecommunications Bureau:

     1. This action constitutes a Notice of Apparent Liability for Forfeiture, pursuant to  Section
503(b) of the Communications Act of 1934, as amended, 47 U.S.C.  503(b) against SIMS
COMPANY INC., ("SIMS") licensee of Paging and Radiotelephone Service Station KNKP636,
Portland, Oregon.   Specifically, we find that SIMS failed to timely file FCC Form 489 for Station
KNKP636, in apparent violation of Section 22.9(b)(1) of the Commission's Rules, 47 C.F.R. 
22.9(b)(1). 

     2. The Commission granted SIMS authority to operate on KNKP636, effective March 24,
1994, and expiring March 24, 1995.   In July 1994, SIMS began providing service to the public from
KNKP636, without informing the Commission that construction was completed, as required in
Section 22.9(b)(1).     3.  On February 7, 1996, the Commission issued Public Notice NCS-96-15, which gave
notification that the Commission terminated the authorization for SIMS due to failure to file a Notice
of Completion.   On March 1, 1996, SIMS filed FCC Form 489, a Notice of Completion for
KNKP636, and on March 6, 1996, SIMS filed a Petition for Reconsideration and Request for Stay
in order to continue service to the public.   The Commission granted the Petition for Reconsideration,
retroactive to February 7, 1996 and reinstated SIMS' operating authority. In its Petition, SIMS states
that its failure to file a Notice of Completion was due to inadvertence and unfamiliarity with Part 22
of the Commission's Rules.   

     4.  The former Section 22.9(b)(1) of the Commission's Rules provided in pertinent part:  
     Notification of status of facilities.  (FCC Form 489).  When construction has been
     completed in accordance with the radio station authorization, the licensee shall so
     notify the Commission using Form 489.   Licensees can commence service the day
     Form 489 is placed in the mail to FCC.

47 C.F.R.  22.9(b)(1) (1994).   In the past, the Commission has determined that a forfeiture of
$2,000 is justified when a licensee fails to timely file FCC Form 489.   See, e.g., R & D Cellular, 11
FCC Rcd 3350 (1996).
     
     5.  There is no dispute that SIMS commenced service without filing FCC Form 489 in a
timely manner.   Regardless of its claim of inadvertence, the fact remains that it repeatedly violated
Section 22.9(b)(1) of the Commission's Rules over an extended period of time.   Based on the factors
set forth in Section 503(b)(2)(D) of the Act and case precedent, we find that SIMS's violation of
Section 22.9(b)(1) warrants a $2,000 forfeiture.  

     6.  Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
47 U.S.C.  503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80,  SIMS
COMPANY INC. is hereby advised of its APPARENT LIABILITY FOR FORFEITURE in the
amount of two thousand dollars ($2,000) for its violation of Section 22.9(b)(1) of the Commission's
Rules, 47 C.F.R.  22.9(b)(1) (1994). 

     7.  Payment of the forfeiture may be made by credit card or by mailing a check or similar
instrument, payable to the order of the Federal Communications Commission, sending it to the
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note the File Number of the above-captioned proceeding.     8.  A copy of this Notice is being sent to counsel for SIMS, Audrey P. Rasmussen, Esq., 
O'Connor & Hannan, L.L.P., 1919 Pennsylvania Avenue, N.W., Suite 800, Washington, D.C. 
20006-1431, by Certified Mail, Return Receipt Requested.

                         FEDERAL COMMUNICATIONS COMMISSION



                         Howard C. Davenport
                         Chief, Enforcement Division 
                         Wireless Telecommunications Bureau