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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 ) ) WESTEL-INDIANAPOLIS COMPANY ) ) File No. 920EF0017 Licensee of Cellular Station KNKA208, Sheridan ) and Franklin, Indiana ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 1, 1999 Released: March 2, 1999 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 Westel-Indianapolis Company ("Westel"), Frequency Block A cellular licensee of Cellular Station KNKA208, in Sheridan and Franklin, Indiana. For the reasons that follow, we find that Westel failed to timely notify the Commission of the commencement of service of Station KNKA208 at two locations, in violation of Section 22.142 of the Commission's Rules. We conclude that Westel is apparently liable for a forfeiture in the amount of four thousand dollars ($4,000). II. Background 2. On April 19, 1996, the Commission authorized Westel to add a cell at Sheridan, Indiana, and modify a cell at Franklin, Indiana, for Station KNKA208. That construction permit expired on April 19, 1997. On March 6, 1998, Westel filed an FCC Form 489 notifying the Commission that it had completed construction of, and commenced service from, the two sites on July 15, 1996. 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 purpose of the 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. FCC Form 489, therefore, has an important function. 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. Pursuant to Section 22.142(b), Westel was required to notify the Commission that it had completed construction and commenced service by filing an FCC Form 489 within 15 days of its commencement of service on July 15, 1996. Westel, however, did not file an FCC Form 489 notifying the Commission of its completion of construction and commencement of service until March 6, 1998. Westel offers no explanation for its failure to timely file its FCC Form 489. 5. Based on the information before us, we find that Westel failed to timely file an FCC Form 489 to notify the Commission of the completion of construction and commencement of service at the two sites. These failures constitute two separate apparent violations of Section 22.142(b) of the Commission's Rules. 6. The guidelines contained in the Commission's Forfeiture Policy Statement specify a base forfeiture amount of $3,000 for failure to file required forms or information. We find, therefore, that a $3,000 base amount for each violation is appropriate here, or $6,000. Further, 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, Westel's voluntary disclosure of its violations to the Commission, we believe it is appropriate to reduce the amount of Westel's proposed forfeiture to $2,000 for each apparent violation, for a total of $4,000. 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, Westel is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) 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, Westel 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 Westel's counsel, Skadden, Arps, Slate, Meagher & Flom, LLP, at 1440 New York Avenue N.W., Washington, D.C. 20005-2111. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau