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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 ) ) UPPER CUMBERLAND REGIONAL ) File No. 920EF0044 AIRPORT BOARD ) ) Licensee of Aviation Radio Service ) Station WRLB2730, Sparta, TN ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 25, 1999 Released: May 26, 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 (the "Act"), as amended, and Section 1.80 of the Commission's Rules, against Upper Cumberland Regional Airport Board ("UCRAB"), licensee of Aviation Radio Service Station WRLB2730, Sparta, TN. For the reasons that follow, we find that UCRAB operated this station after its license had expired, in apparent willful and repeated violation of Section 301 of the Act, and Section 87.18(a) of the Commission's Rules. We conclude that UCRAB is apparently liable for a forfeiture in the amount of $2,000. II. Background 2. On May 7, 1976, the Sparta-White County Airport Commission ("Sparta") was granted a license to operate Aviation Radio Service Station WYY2 (later changed to WRLB2730) at the Sparta-White County Airport in Sparta, TN. Thereafter, Sparta regularly filed applications to renew its license for this station. On May 11, 1997, however, Sparta allowed its license for Station WRLB2730 to lapse without filing an application for renewal, despite Sparta's continued operation of the station. 3. On September 30, 1998, UCRAB (formerly known as Sparta) voluntarily notified the Commission of its failure to timely seek renewal of its license. Pursuant to Section 1.925(a) of the Commission's Rules, UCRAB filed a request for Special Temporary Authority (STA) to continue operating Station WRLB2730 during the pendency of its application for a new station license. UCRAB provided no explanation for its failure to file a timely renewal application. On November 3, 1998, the Commission staff granted UCRAB's request for an STA. 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, Section 87.18 (a) of the Commission's Rules generally requires stations in the aviation service to be licensed by the FCC. Section 503(b) of the Communications Act of 1934 (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 UCRAB's submissions, we find that UCRAB operated Station WRLB2730 without any valid authorization from May 11, 1997, when its previous license expired, to at least November 3, 1998, when the Commission staff granted an STA to UCRAB. We further find that UCRAB engaged in such unauthorized operation in apparent willful and repeated violation of Section 301 of the Act and Section 87.18(a) of the Commission's Rules. 6. The Commission's Forfeiture Policy Statement, which became effective on October 14, 1997, provides that cases arising from facts that occurred prior to the effective date of the Forfeiture Policy Statement shall be decided on a case-by-case basis. Since the violations in question began in May 1997, we will determine the appropriate forfeiture using the case-by-case method that preceded the effective date of the Forfeiture Policy Statement. Section 503(b)(2)(D) of the Act requires that the Commission 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" when assessing a forfeiture. In Hospers Telephone Exchange, Inc., 10 FCC Rcd 12001 (Wireless Tel. Bur. 1995), we imposed a $7,000 forfeiture against a public land mobile licensee that operated with two expired licenses for four years. Similarly, in Curtain Call Communications of LaCrosse, 12 FCC Rcd 4977 (Wireless Tel. Bur. 1997), we found a paging licensee apparently liable for a $4,000 forfeiture for operating with an expired authorization for over seven years. 7. In the instant case, UCRAB's apparent violation continued for a period of approximately eighteen months. While this period is substantial indeed, it is shorter than the periods of misconduct in the Hospers and Curtain Call cases. We also note that UCRAB operates Station WRLB2730 to ensure the safety of aircraft. 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, UCRAB's voluntary disclosure of its apparent violation to the Commission, the length of time during which the unauthorized operation took place, the number of stations involved, and UCRAB's prompt taking of remedial action after it realized that its license had expired, we believe it is appropriate to reduce the amount of the proposed forfeiture from $4,000 to $2,000. IV. Conclusion and Ordering Clauses 8. Based on the foregoing, we find that UCRAB operated the above referenced station after the expiration of its authorization, in apparent violation of Section 301 of the Act and Section 87.18(a) of the Commission's Rules. We conclude find that a forfeiture in the amount of $2,000 is appropriate. 9. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, Upper Cumberland Regional Airport Board is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of two thousand dollars ($2,000) for violating Section 301 of the Communications Act of 1934, as amended, and Section 87.18(a) of the Commission's Rules. 10. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, that within thirty days of the release of this Notice, Upper Cumberland Regional Airport Board SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 11. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Upper Cumberland Regional Airport Board, Attn: Robert Verble, 750 Airport Road, Sparta, TN 38583. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau