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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 ) ) NEVADA WIRELESS ) ) File No. 920EF0018 Licensee of Paging and Radiotelephone, Station KNKI331 ) Carson City, Reno, Silver Springs, and Stateline, Nevada ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 18, 1999 Released: March 22, 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 Nevada Wireless, licensee of Paging and Radiotelephone Station KNKI331, in Carson City, Reno, Silver Springs, and Stateline, Nevada. As discussed below, we find that Nevada Wireless failed to timely notify the Commission of the commencement of service of Station KNKI331, in apparent violation of Section 22.142 of the Commission's Rules. We conclude that Nevada Wireless is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. Background 2. The Commission authorized Nevada Wireless to construct Station KNKI331 for the Nevada locations and frequencies on the dates listed below: (a) at Carson City, for frequency 454.55 MHz, on September 12, 1996; (b) at Stateline, for frequency 454.55 MHz on September 12, 1996, and for frequency 454.125 MHz on October 25, 1996; (c) at Reno, for frequency 454.55 MHz on September 13, 1996; and (d) at Silver Springs, for frequencies 454.3 MHz and 454.55 MHz on September 13, 1996, and for frequency 454.125 MHz on October 11, 1996. On March 19, 1998, Nevada Wireless filed seven FCC Forms 489 whereby it notified the Commission that it had completed construction of Station KNKI331 and commenced service at all four locations on all three frequencies on August 30, 1997. III. Discussion 3. Section 22.142(b) of the Commission's Rules provides in pertinent part: "Notification Requirement. Licensees must notify the FCC (using 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 Bureau'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. 4. Nevada Wireless completed construction of Station KNKI331 and commenced service on August 30, 1997. Pursuant to Section 22.142(b), Nevada Wireless was required to notify the Commission that it had completed construction and commenced service by filing an FCC Form 489 within 15 days of commencement of service. Nevada Wireless, however, did not file any Forms 489 to cover the commencement of service of Station KNKI331 at the locations and frequencies listed above until March 19, 1998. Nevada Wireless admits that it did not timely file any FCC Forms 489 for Station KNKI331 due to administrative oversight. 5. Based on the information before us, we find that Nevada Wireless failed to timely notify the FCC of the commencement of service of Station KNKI331, in apparent repeated violation of Section 22.142(b) of the Commission's Rules. 6. The Bureau has determined that a base forfeiture amount of $2,000 for each violation is justified when a licensee has failed to timely file an FCC Form 489. Before a forfeiture amount can be set in each case, however, Section 503(b)(2)(D) of the Act requires the Bureau 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 these factors into consideration, including, but not limited to, Nevada Wireless' voluntary disclosure of its violations to the Commission, we believe it is appropriate to reduce the amount of Nevada Wireless' proposed forfeiture to $1,000 for each violation, for a total of $7,000. IV. Conclusion and Ordering Clauses 7. 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, Nevada Wireless is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of seven thousand dollars ($7,000) 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, Nevada Wireless 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 Jim Boyer, Nevada Wireless, 593 Overmyer Road, Sparks, Nevada 89431. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau