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, Tennessee          )
  
  
                              
                MEMORANDUM OPINION AND ORDER
  
     Adopted:  June 30, 1999                   Released:  July 1, 1999
                 
  
  
  By the Chief, Enforcement and Consumer Information Division,
  Wireless Telecommunications Bureau:
  
                      I.  Introduction
  
  1.      The Chief, Enforcement and Consumer Information Division, Wireless
  Telecommunications Bureau ("Bureau"), has under consideration: (a) a Notice of Apparent Liability
  ("NAL") against Upper Cumberland Regional Airport Board ("UCRAB"), licensee of Aviation
  Radio Service Station WRLB2730, Sparta, Tennessee; and (b) a response to the NAL filed by
  UCRAB on June 11, 1999.  The Bureau issued a forfeiture of $2,000 against UCRAB for operating
  station WRLB2730 after its license had expired, in apparent willful and repeated violation of Section
  301 of the Communications Act of 1934, as amended, and Section 87.18(a) of the Commission's
  Rules.  UCRAB argues in its response that the proposed forfeiture should be reduced or canceled. 
  For the reasons discussed below, we deny UCRAB's request.
  
                      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, Tennessee.  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 Bureau staff granted UCRAB's request for an STA. On May 26, 1999, the Bureau
  issued the NAL finding UCRAB apparently liable for a forfeiture of $2,000.
  
                      III.  Discussion
  
  4.      In its response, UCRAB admits that it operated the station without appropriate
  authorization from the Commission.  UCRAB argues, however, that it is "not directly involved in
  the day-to-day operations of the airport" and that it relies upon a Fixed Base Operator ("FBO") to
  handle the airport management.  UCRAB states that around the time the license expired, UCRAB
  was "expanding the airport and installing a new FBO." Once the new FBO was in place, the
  oversight was found and prompt action was taken to rectify the oversight.  UCRAB concedes that
  the change in management does not excuse the lapse, but requests that the Commission consider it
  when reviewing the forfeiture. 
  
  5.      UCRAB's argument does not provide a basis for reducing the $2,000 forfeiture amount
  proposed in the NAL.  UCRAB repeatedly used the station without the appropriate authorization,
  waiting almost 18 months from the expiration of the authorization to file the STA.  UCRAB failed
  to take timely action to rectify the status of the expired license.  Moreover, although UCRAB may
  have relied on the FBO to ensure that its license remained in good standing, UCRAB had the
  ultimate responsibility for complying with the Act and the Commission's Rules.  The Commission
  has held that "a licensee cannot absolve itself for violations of Commission rules by simply isolating
  itself from the day-to-day operation of its station, especially where it has unreasonably placed heavy
  reliance on the competence or trustworthiness of its employees who have been delegated
  management responsibilities."  Finally, we previously considered mitigating factors in setting the
  proposed forfeiture amount of $2,000 in the NAL, and UCRAB has not presented us with any other
  factor that would justify a further reduction of the forfeiture.  We therefore conclude that a $2,000
  forfeiture is appropriate.  
  
            IV.  Conclusion and Ordering Clauses
  
  6.      Based on the foregoing, UCRAB's arguments are insufficient to justify reduction or
  cancellation of the forfeiture.  We find that UCRAB is liable for a $2,000 forfeiture.
  
  7.      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, Upper Cumberland
  Regional Airport Board SHALL FORFEIT to the United States the sum of two thousand dollars
  ($2,000) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as
  amended, and Section 87.18(a) of the Commission's Rules.
  
  8.      A copy of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to
  Upper Cumberland Regional Airport Board, Attn: William E. Walker, 750 Airport Road, Sparta,
  Tennessee 38583.
  
                 FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                 Catherine W. Seidel
                 Chief, Enforcement and Consumer Information Division 
                 Wireless Telecommunications Bureau