Before the
                         Federal Communications Commission
                             Washington, D.C. 20554
  
  
  In the Matter of                        )
                                )
  Notice of Apparent Liability for Forfeiture of    )
                                )
  AMERICAN BEEPER COMPANY OF    )
  THE VIRGIN ISLANDS            )    File No. 920EF0058
                                )
  Licensee of Specialized Mobile Radio         )
  Station KNRT377, Christiansted, VI      )
  
                              
        NOTICE OF APPARENT LIABILITY FOR FORFEITURE
  
     Adopted:  July 28, 1999                        Released:  July 29, 1999
                 
  
  By the Chief, Enforcement and Consumer Information Division,
  Wireless Telecommunications Bureau:
  
                      I. Introduction
     I 
  1.      In this Notice of Apparent Liability for Forfeiture, we find that American Beeper
  Company of the Virgin Islands ("American Beeper"), licensee of Specialized Mobile Radio Station
  KNRT377, Christiansted, VI, failed to timely notify the Commission of the relocation of its
  transmitter for Station KNTR377, in apparent willful and repeated violation of Section 90.693(b)
  of the Commissions' Rules.  We conclude that American Beeper is apparently liable for a forfeiture
  in the amount of two thousand dollars ($2,000). 
  
                       II. Background
     II     
  3.      On October 31, 1995, the Commission granted Island Mobile Communications LC
  ("Island Mobile") an authorization to construct Station KNRT377 at a site known as Blue Mountain,
  located 10 km WNW from Christiansted, VI.  American Beeper was, at that time, the manager of
  Station KNRT377 pursuant to a management agreement with Island Mobile.
     IV      
  5.      On May 20, 1998, the Commission granted consent to the assignment of license for
  Station KNRT377 from Island Mobile to American Beeper. The license that was assigned to
  American Beeper specified operation of Station KNRT377 from the Blue Mountain site. Thereafter,
  on July 30, 1998, American Beeper notified the Commission on FCC Form 600 of the relocation of
  the transmitter for Station KNRT377 to a site known as Recovery Hill.  Operation from this site did
  not expand Station KNRT377's original 22 dBu V/m field strength contour or otherwise violate the
  Commission's short-spacing criteria.  American Beeper represented in its notification that, as
  manager for Island Mobile, it had relocated the station's transmitter to the Recovery Hill site in
  November of 1997, some eight months earlier. 
  
                      III. Discussion 
                                                                                       
  6.      Section 90.693(b) of the Commission's Rules provides in pertinent part:
  
       Incumbent licensees are permitted to add, remove or modify transmitter sites within
       their original 22 dBu V/m field strength contour without prior notification to the
       Commission so long as their original 22 dBu V/m field strength contour is not
       expanded and the station complies with the Commission's short spacing criteria in
        90.621(b)(4) through 90.621(b)(6).  The incumbent licensee must, however,
       notify the Commission within 30 days of the completion of any changes in technical
       parameters . . . constructed through a minor modification of their license.  Such
       notification must be made by submitting a FCC 600 and must include the
       appropriate filing fee, if any . . . .
  
  This rule permits certain minor relocations without prior Commission approval, provided the
  licensee informs the Commission within 30 days and makes a satisfactory showing that the
  relocation is minor.  
            
  7.      In the instant case, the transmitter for Station KNRT377 was relocated in November of
  1997. Thus, according to Section 90.693(b) of the Commissions Rules, notification of the relocation
  should have been provided to the Commission in December of 1997. As manager of the station,
  American Beeper carried out the relocation. Consequently, American Beeper was fully aware when
  it applied for Commission consent to the assignment of license for Station KNRT377 from Island
  Mobile that the transmitter had already been moved. Moreover, upon grant of the assignment in May
  of 1998, American Mobile acquired a license for Station KNRT377 which specifically authorized
  operation from the original Blue Mountain site -- a location that American Beeper knew was not
  accurate. Nevertheless, American Beeper did not notify the Commission of the transmitter relocation
  until July of 1998. 
  
  8.      The guidelines contained in the Commission's Forfeiture Policy Statement, which
  became effective on October 14, 1997, specify a base forfeiture amount of $4,000 for operation at
  an unauthorized location.  The guidelines, however, permit the Commission to issue a higher or
  lower forfeiture than provided in the guidelines.  Section 503(b)(2)(D) of the Act requires the
  Commission to consider "the nature, circumstances, extent and gravity of the 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." Under Section 503(b) of the Communications Act, a
  forfeiture may be imposed against any person who willfully or repeatedly fails to comply with any
  Commission rule.  For purposes of Section 503(b), the term "willful" means that the violator knew
  it was taking the action in question, regardless of whether there was an intent to violate the
  Commission's rules.  Furthermore, each day of a continuing violation is considered a separate
  violation for purposes of computing a forfeiture.  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, the nature of the
  station in question, the length of time during which the unlawful operation took place, the gravity
  of the violation, and American Beeper's voluntary disclosure of its violation to the Commission, we
  believe it is appropriate to reduce the amount of the proposed forfeiture from $4,000 to $2,000. 
  
             IV. Conclusion and Ordering Clause
  
  9.      Based of the foregoing, we find that American Beeper operated from an unauthorized
  location in apparent willful and repeated violation of Section 90.693(b) of the Commission's Rules.
  
  10.     ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as
  amended, and Section 1.80 of the Commission's Rules, American Beeper Company of the Virgin
  Islands is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount
  of two thousand dollars ($2,000) for willfully and repeatedly violating Section 90.693 of the
  Commissions Communication's Rules.
  
  11.     IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules,
  that within thirty days of the release of this Notice, American Beeper of the Virgin Islands SHALL
  PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
  reduction or cancellation of the proposed forfeiture. 
  
  12.      IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified
  Mail/Return Receipt Requested, to counsel for American Beeper Company of the Virgin Islands,
  Ms. Audrey P. Rasmussen, Esq., O'Connor & Hannan, L.L.P., 1919 Pennsylvania Ave. N.W.,
  Washington, D.C.  20006-3483.
  
                 FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                      Catherine W. Seidel
                      Chief, Enforcement and Consumer Information Division 
                      Wireless Telecommunications Bureau