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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 ) ) MACTEL FAIRBANKS, INC. ) ) File No. 920EF0023 Licensee of Point-to-Point Microwave ) Stations WPNC422 (North Pole, Alaska), ) And WPNC423 (Fairbanks, Alaska) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 29, 1999 Released: March 30, 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 MACtel Fairbanks, Inc (MACtel), licensee of Point-to-Point Microwave Stations WPNC422, North Pole, Alaska, and WPNC423, Fairbanks, Alaska. For the reasons that follow, we find that MACtel apparently acquired control of these stations without obtaining the requisite authority from the Commission, in apparent violation of Section 310(d) of the Communications Act of 1934, as amended, and Section 101.53(a) of the Commission's Rules. We conclude that MACtel is apparently liable for a forfeiture in the amount of $8,000. II. Background 2. The stations in question were previously licensed jointly to Pacific Telecom Cellular of Alaska, Inc. (PTCA), a subsidiary of Pacific Telecom, Inc. (PTI), and Prudhoe Communications (Prudhoe). Together, PTCA and Prudhoe constituted Alaska RSA No. 1 General Partnership (Partnership), the licensee of cellular station KNKN204. The point-to-point microwave stations were used in connection with that cellular system. On August 15, 1997, the Partnership filed an application for the Commission's consent to assign the cellular license to MACtel. That application was granted on October 17, 1997. The assignment was consummated on January 1, 1998. At that time, MACtel also acquired control of Prudhoe. After the cellular license was assigned, PTCA and PTI became subsidiaries of Century Telephone Enterprises, Inc. (Century). 3. On October 28, 1998, MACtel filed the STA Request for authority to operate WPNC422 and WPNC423 pending action on late-filed applications for authority to assign those licenses to MACtel. Century filed a letter supporting MACtel's request on November 6, 1998. The STA Request was granted on November 10, 1998. The applications for authority to assign the licenses to MACtel were filed on December 3, 1998 and granted on January 29, 1999. III. Discussion 4. Section 310(d) of the Communications Act provides in relevant part: No construction permit or station license, or any rights thereunder, shall be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation holding such permit or license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience, and necessity will be served thereby. Similarly, Section 101.53(a) of the Commission's Rules stated in pertinent part: No station license, or any rights thereunder, may be transferred, assigned, or disposed of in any manner, voluntarily or involuntarily, directly or indirectly, or by transfer of control of any corporation or any other entity holding any such license, to any person except upon application to the Commission and upon finding by the Commission that the public interest, convenience and necessity will be served thereby. Based upon Century's and MACtel's submissions, we find that on January 1, 1998, (the date MACtel acquired the assets of the Partnership), MACtel apparently acquired control of the point-to-point microwave licenses licensed to PTCA and Prudhoe in apparent violation of Section 310(d) of the Communications Act and Section 101.53(a) of the Commission's Rules. 5. Each day of a continuing violation is considered a separate violation for purposes of computing a forfeiture. The guidelines contained in the Commission's Forfeiture Policy Statement, which became effective on October 14, 1997, specify a base forfeiture amount of $8,000 for an "[u]nauthorized substantial transfer of control." 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." 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 stations in question, the length of time during which the unlawful transfer took place, and MACtel's voluntary disclosure of its violations to the Commission, we believe it is appropriate to reduce the amount of MACtel's proposed forfeiture from $8,000 per station to $4,000 for each of the two stations, for a total forfeiture of $8,000. IV. Conclusion and Ordering Clauses 6. ACCORDINGLY IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, MACtel Fairbanks, Inc., is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand dollars ($8,000) for willfully and repeatedly violating Section 310(d) of the Communications Act of 1934, as amended, and Section 101.53(a) of the Commission's Rules. 7. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, MACtel SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 8. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to MACtel's counsel, Alane C. Weixel, Esq., Covington & Burling, 1201 Pennsylvania Avenue, N.W., Washington, DC 20044-7566. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau