********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
WordPerfect version or Adobe Acrobat version, if available.

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


In the Matter of                )
                                )  
Notice of Apparent Liability for Forfeiture of)
                                )
FRESNO MSA LIMITED PARTNERSHIP  )  File No.  820EF0026
                                )
Licensee of Cellular Station KNKA301,)
Coalinga, California            )
                                )


          NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  September 17, 1998         
     Released:  September 18, 1998

By the Acting Chief, Enforcement and Consumer Information Division,
Wireless Telecommunications Bureau:

                         I. Introduction

     1.  This is a Notice of Apparent Liability for Forfeiture, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (the "Act"), 47 U.S.C.  503(b), and Section 1.80 of the
Commission's Rules, 47 C.F.R.  1.80, against Fresno MSA Limited Partnership ("Fresno"), licensee of
Cellular Station KNKA301, in Coalinga, California.  For the reasons that follow, we find that Fresno failed
to timely notify the Commission of the commencement of service of Station KNKA301, in apparent violation
of Section 22.142(b) of the Commission's Rules, 47 C.F.R.  22.142(b).  We conclude that Fresno is
apparently liable for a forfeiture in the amount of $1,000.

                          II. Background

     2.  On May 24, 1996, the Commission authorized Fresno to construct an additional transmitter site
for Cellular Station KNKA301 on frequency 835.02 MHz, in Coalinga, California.  The information before
us indicates that Fresno commenced service from the new site on September 16, 1996.  Fresno filed an FCC
Form 489 notifying the Commission of commencement of service on September 22, 1997.

                         III.  Discussion

     3.  Section 22.142(b) of the Commission's Rules provides in pertinent part: "Notification
Requirement.  Licensees must notify the FCC (FCC Form 489) of commencement of service to subscribers,
no later than fifteen days after service begins."  The Commission's policy of imposing monetary forfeitures
for violation of Section 22.142(b) of the Commission's Rules is well established.

     4.   Fresno provided no justification for filing its FCC Form 489 more than one year late.  The
purpose of the FCC Form 489 is to notify the Commission that construction has been completed, and the
frequency is in use, so that the Commission will not assign that frequency to anyone else.  Fresno's apparent
violation continued until it filed the FCC Form 489.

     5.  The guidelines contained in the Commission's Forfeiture Policy Statement, which became
effective on October 14, 1997, specify a base forfeiture amount of $3,000 for failure to file required forms
or information.  The guidelines, however, permit the Commission "to issue a higher or lower forfeiture than
provided in the guidelines."  The Commission determined, in cases decided before the recent adoption of the
Forfeiture Policy Statement, that a base forfeiture amount of $2,000 is justified when a licensee has failed
to timely file an FCC Form 489.  We find, therefore, that a $2,000 base amount for the violation is
appropriate here.  However, in view of Fresno's voluntary disclosure of its violation to the Commission, we
reduce the amount of proposed forfeiture to $1,000.

                IV. Conclusion and Ordering Clause

     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, Fresno MSA Limited
Partnership is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one
thousand dollars for repeatedly violating Section 22.142(b) of the Commission's Rules, 47 C.F.R. 
22.142(b).

     7.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, 47 C.F.R.
1.80, that within thirty days of the release of this Notice, Fresno SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed
forfeiture.  Payment of the forfeiture may be made by credit card through the Commission's Billings and
Collections Branch at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of
the Federal Communications Commission, to the Federal Communications Commission, P.O. Box 73482,
Chicago, Illinois 60673-7482. The payment should note the file number of this proceeding. 

     8.  IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/ Return
Receipt Requested, to Fresno MSA Limited Partnership at 245 Perimeter Center Parkway, Atlanta, Georgia
30346.
                 
           
                    FEDERAL COMMUNICATIONS COMMISSION



                    Catherine W. Seidel 
                    Acting Chief, Enforcement and Consumer Information Division 
                    Wireless Telecommunications Bureau