Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Notice of Apparent Liability for Forfeiture for ) ) CHADMOORE COMMUNICATIONS ) File No. 920EF0063 GROUP ) ) Licensee of Specialized Mobile Radio ) Station WPFQ582, Memphis, Tennessee ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 15, 1999 Released: October 18, 1999 By the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that Chadmoore, Communications Group ("Chadmoore"), licensee of the above-captioned station operated the facility from an unauthorized location, in apparent violation of Section 301 of the Communications Act of 1934, as amended, (the "Act"), former Section 90.113 of the Commission's Rules, and current Section 1.903(a) of the Commission's Rules. We conclude that Chadmoore is apparently liable for a forfeiture in the amount of eight thousand dollars ($8,000). II. Background 2. On June 13, 1998, the Commission issued a license to Chadmoore to construct and operate SMR station WPFQ582 on frequency 854.2375 MHz from a site in Memphis, Tennessee. On July 31, 1998, the Compliance and Investigations Bureau ("CIB") monitored this station and determined that Chadmoore was operating the station from an unauthorized location in Memphis known as the Clark Tower site. 3. On September 2, 1998, CIB sent a letter to Chadmoore. In its letter, CIB requested Chadmoore to, among other things, describe each system or station operating from the Clark Tower site and provide copies of its FCC authorizations for each system or station. Chadmoore responded on September 18, 1998, advising CIB that Chadmoore did not have authority to operate from the Clark Tower site. On September 23, 1998, and December 3, 1998, CIB again monitored Chadmoore's station and determined that Chadmoore was continuing to operate the station from the unauthorized Clark Tower site. III. Discussion 4. Section 301 of the Act provides in pertinent part, "No person shall use or operate any apparatus for the transmission of energy or communications or signals by radio . . . except under and in accordance with this Act and with a license in that behalf granted under the provisions of this Act." Similarly, former Section 90.113 of the Commission's Rules provided in pertinent part, "No radio transmitter shall be operated . . . except under and in accordance with a proper authorization granted by the Commission." Section 1.903(a) of the Commission's Rules provides in pertinent part: "Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part . . . ." Section 503(b) of the Act and Section 1.80 of the Commission's Rules further provide that a forfeiture penalty may be assessed against a person who is found to have willfully or repeatedly failed to comply with the Commission's Rules. The Commission has held that an act or omission is "willful" if it is a conscious act or omission, whether or not there is any intent to violate the rule. 5. Based upon the information before us, we find that Chadmoore apparently operated Station WPFQ582 from a location for which Chadmoore had no authorization, in apparent willful and repeated violation of Section 301 of the Act, former Section 90.113 of the Commission's Rules, and current Section 1.903(a) of the Commission's Rules. In its September 18, 1998, correspondence to the Commission, Chadmoore conceded that it lacks any authorization to operate from the Clark Tower location. Notwithstanding, Chadmoore continued to operate from that site, in apparent deliberate violation of its obligations as a licensee. 6. The guidelines contained in the Commission's Forfeiture Policy specify a base forfeiture amount of $4,000 for operating from an unauthorized location. The guidelines, however, permit the Commission to issue a higher or lower forfeiture than provided in the guidelines. In this case, we note a significant aggravating factor which we believe warrants an increase in the overall forfeiture amount, i.e., Chadmoore's failure to take prompt remedial action upon learning that it was operating at an unauthorized site. 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." After taking these and the aggravating factor into consideration, we find, on balance, that it is appropriate to propose a forfeiture in the amount of $8,000. IV. Conclusion and Ordering Clauses 7. Based on the foregoing, we find that Chadmoore apparently operated the above referenced station at an unauthorized location, in apparent willful and repeated violation of Section 301 of the Act, former Section 90.113 of the Commission's Rules, and Section 1.903(a) of the Commission's Rules. We conclude that a proposed forfeiture in the amount of $8,000 is appropriate. 8. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, Chadmoore Communications Group is hereby NOTIFIED of its APPARENT LIABILITY for a FORFEITURE of eight thousand dollars ($8,000), for its apparent willful and repeated violation of Section 301 of the Act, former Section 90.113 of the Commission's Rules, and Section 1.903(a) of the Commission's Rules. 9. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, Chadmoore SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 10. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Chadmoore Communications Group, 2875 E. Patrick lane, Suite G, Las Vegas, Nevada 89120. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau