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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 ) ) SOUTH PARK TELEPHONE COMPANY ) ) File No. 920EF0013 Licensee of Paging and Radiotelephone ) Station KNLW429, Hartsel, Colorado ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 11, 1998 Released: December 14, 1998 By the 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"), and Section 1.80 of the Commission's Rules, against South Park Telephone Company (South Park), licensee of Paging and Radiotelephone Station KNLW429, Hartsel, Colorado. For the reasons that follow, we find that South Park failed to timely notify the Commission of the commencement of service of Station KNLW429, in apparent violation of Section 22.142 of the Commission's Rules. We conclude that South Park is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. On June 11, 1997, the Commission authorized South Park to construct Station KNLW429. On February 26, 1998, South Park filed a notification on FCC Form 489 whereby it informed the Commission that it had completed construction of Station KNLW429 and commenced service on November 29, 1997. 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 willful and/or repeated violation of Section 22.142(b) of the Commission's Rules is well established. III. Discussion 4. South Park completed construction of Station KNLW429 and commenced service on November 29, 1997. Pursuant to Section 22.142(b), South Park was required to notify the Commission that it had completed construction and commenced service by filing an FCC Form 489 within 15 days of the commencement of service. South Park, however, did not file a Form 489 to cover the commencement of service of Station KNLW429 until February 27, 1998, several months later. South Park concedes that it did not timely file an FCC Form 489 for Station KNLW429. However, South Park maintains that the failure was due to administrative inadvertence, and it filed the required notification as quickly as possible upon learning of the oversight. 5. Based on the information before us, we find that South Park failed to timely file an FCC Form 489 to cover the commencement of service of Station KNLW429, in apparent repeatedly violation of Section 22.142(b) of the Commission's Rules. South Park's apparent violation of Section 22.142(b) is neither excused nor diminished because of its claim of administrative oversight. 6. 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 adoption of the Forfeiture Policy Statement, that a base forfeiture amount of $2,000 is justified when a licensee has failed to timely file Form 489. We find, therefore, that a $2,000 base amount for the violation is appropriate here. Section 503 of the Act requires the Commission to consider "the nature, the degree of culpability, any history of prior offenses, ability to pay, and other such factors as justice may require." In this case, taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act, including, but not limited to, South Park's voluntary disclosure of its violations to the Commission, we believe it is appropriate to reduce the amount of South Park's proposed forfeiture to $1,000. IV. Conclusion and Ordering Clauses 7. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, South Park Telephone Company 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. 8. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, South Park Telephone Company SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 9. 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. 10. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/ Return Receipt Requested, to South Park's counsel, Kraskin, Lesse, & Cosson, LLP, Attorneys at Law, at 2120 L Street, N.W., Suite 250, Washington, D.C. 20037. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau