Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Notice of Apparent Liability for Forfeiture of ) ) SHAWANO MEDICAL CENTER ) File No. 920EF0050 ) Former Licensee of Business Radio Service ) Station WNCF510, Shawano, Wisconsin ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: July 16, 1999 Released: July 19, 1999 By the Deputy Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find that Shawano Medical Center ("Shawano"), former licensee of Business Radio Service Station WNCF510, Shawano, Wisconsin, operated the facility with an expired license for nearly four years, in apparent willful and repeated violation of Section 301 of the Communications Act of 1934, as amended; former Section 90.113 of the Commission's Rules; and current Section 1.903(a) of the Commission's Rules. For the reasons discussed below, we conclude that Shawano is apparently liable for a forfeiture in the amount of three thousand dollars ($3,000). II. Background 2. Shawano, an acute-care health care facility, was initially granted a license to operate Business Radio Service Station WNCF510 on June 18, 1985 in order to provide paging communications for its staff. The license for Station WNCF510 was properly renewed in 1990 for a five year period. On May 22, 1995, Shawano allowed its license for Station WNCF510 to lapse without filing an application for renewal. Shawano continued to operate Station WNCF510 without a valid authorization. 3. On May 4, 1999, Shawano voluntarily notified the Commission that it had "recently became aware" that its license "was allowed to lapse several years ago." Pursuant to Section 1.931 of the Commission's Rules, Shawano filed a request for Special Temporary Authority ("STA") to continue operating Station WNCF510 until Shawano received a new station license. Shawano provided no explanation for its failure to file a timely renewal application. On May 6, 1999, the Commission staff granted Shawano's request for an STA under call sign WGJ641. On May 21, 1999, Shawano filed an application with the Commission seeking a new license to operate the facility in question. That application remains pending. 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, former Section 90.113 of the Commission's Rules provided in pertinent part, "No radio transmitter shall be operated . . . except under and in accordance with a proper authorization granted by the Commission." Section 1.903(a) of the Commission's Rules provides in pertinent part: "Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission under the provisions of this part . . . ." Section 503(b) of the Communications Act of 1934 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 Shawano's submission, we find that Shawano operated Station WNCF510 without any valid authorization from May 22, 1995, when its previous license expired, to May 6, 1999, when the Commission staff granted an STA to Shawano. We further find that Shawano engaged in such unauthorized operation in apparent willful and repeated violation of Section 301 of the Act, former Section 90.113 of the Commission's Rules, and current Section 1.903(a) of the Commission's Rules. 6. The Forfeiture Policy Statement provides that cases arising from facts that began prior to October 14, 1997, 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 1995, we will determine the appropriate forfeiture using the case-by-case method that was in effect prior to the adoption 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, Shawano's apparent violation continued for a period of nearly four years, which is comparable to the length of the violations in Hospers, but shorter than the duration of the violations in Curtain Call. We also note that Shawano operates Station WNCF510 as an integral part of the medical center's communications system. 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, the gravity of the violation, Shawano's voluntary disclosure of its apparent violation to the Commission, the length of time during which the unauthorized operation took place, and Shawano's prompt remedial action after it realized that its license had expired, we believe it is appropriate to assess a forfeiture in the amount of $3,000. IV. Conclusion and Ordering Clauses 8. Based on the foregoing, we find that Shawano operated the above referenced station after the expiration of its authorization, in apparent violation of Section 301 of the Act, former Section 90.113 of the Commission's Rules, and Section 1.903(a) of the Commission's Rules. We conclude that a forfeiture in the amount of $3,000 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, the Shawano Medical Center is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars ($3,000) for violating Section 301 of the Communications Act of 1934, as amended, former Section 90.113 of the Commission's Rules, and Section 1.903(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, Shawano Medical Center 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 John Kestly, Administrator, Shawano Medical Center, 309 North Bartlette Street, Shawano, WI 54166. FEDERAL COMMUNICATIONS COMMISSION Myron C. Peck Deputy Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau