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                                     Before the
                         Federal Communications Commission
                             Washington, D.C. 20554
  
  In the Matter of                        )
                                )
  Notice of Apparent Liability for Forfeiture of    )
                                )
  Milkyway Communications Inc.       )    File No. 920EF0001
                                                   ) 
  Licensee of Paging and Radiotelephone        )         
  Station KNLR650, Monticello, Utah       )
  
                              
                MEMORANDUM OPINION AND ORDER
  
  
  Adopted:  July 12, 1999            Released:  July 13, 1999
                 
  
  By the Chief, Enforcement and Consumer Information Division,
  Wireless Telecommunications Bureau:
  
  
  1.      In this Order, we impose a forfeiture of $1,000 against Milkyway Communications, Inc.
  ("Milkyway"), licensee of Paging and Radiotelephone Station KNLR650, Monticello, Utah.  We find
  that Milkyway failed to timely file an FCC Form 489 notifying the Commission of the commencement
  of service of Station KNLR650, in repeated violation of Section 22.142(b) of the Commission's
  Rules. 
  
  2.  The information before us reveals that Milkyway completed construction and commenced
  operation of Station KNLR650 no later than August 6, 1997.  Pursuant to Section 22.142(b) of the
  Commission's Rules, Milkyway was required to notify the Commission on FCC Form 489 of the
  commencement of service of Station KNLR650 within 15 after the station began operating.  Thus,
  Milkyway was required to file an FCC Form 489 for Station KNLR650 no later than August 21,
  1997.  Milkyway, however, did not file an FCC Form 489 for Station KNLR650 until October 16,
  1998, more than one year late.  As a consequence, this office issued a Notice of Apparent Liability for
  a Forfeiture ("NAL")  against Milkyway proposing a forfeiture of $2,000 for Milkyway's apparent
  violation of Section 22.142(b) of the Commission's Rules. 
  
  3.  Milkyway responded to the NAL on October 16, 1998.  In its response, Milkyway does
  not deny that it filed the FCC Form 489 in an untimely manner.  Milkyway argues, however, that it
  is entitled to a reduction of the forfeiture amount because it voluntarily notified the Commission of its
  misconduct.  In support, Milkyway relies on several cases in which the staff has reduced forfeitures
  because of voluntary disclosures of misconduct. 
  
  4.  We believe that Milkyway has justified reducing the proposed forfeiture in this instance. 
  As Milkyway points out, we have in the past taken into consideration a licensee's voluntary disclosure
  of misconduct in determining the appropriate forfeiture amount.  In this case, Milkyway voluntarily
  disclosed to us that it had failed to timely file an FCC Form 489 for Station KNLR650.  We therefore
  believe that the forfeiture in this instance should be reduced from $2,000 to $1,000.
  
  5. 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, that Milkyway
  Communications, Inc. SHALL FORFEIT to the United States the sum of one thousand dollars
  ($1,000) for repeatedly violating Section 22.142(b) of the Commission's Rules.
  
  6.  A copy of this Order shall be sent, by Certified Mail/Return Receipt Requested, to counsel
  for Milkyway, J. Justin McClure, Esq., Lukas, Nace, Gutierrez, & Sachs, Chartered, 1111 Nineteenth
  Street, N.W., Suite 1200, Washington, D.C.  20036.
  
                      FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                      Catherine W. Seidel
                      Chief, Enforcement and Consumer Information Division 
                 Wireless Telecommunications Bureau