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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )       
                                )       
Statcom Communications Corp.    )       File No. EB-00-PA-088
1324 Forest Avenue              )       
Staten Island, New York  10302  )       NAL/Acct. No. X3240003



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: August 8, 2000

By the District Director, Philadelphia Office, Enforcement 
Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),   we   find   that   Statcom   Communications    Corp. 
(``Statcom''), the licensee of Land Mobile radio station WPHC348, 
has apparently violated Section 90.403(e)  of the FCC Rules  (the 
``Rules'').1  The violation is failure to take effective measures 
to avoid  causing harmful  interference to  stations WPBV410  and 
WPDU414 on the frequency 461.525  MHz.  We conclude that  Statcom 
is apparently  liable  for  forfeiture  in  the  amount  of  four 
thousand dollars ($4,000).

                         II.  Background

     2.   Since 1993, MPS Communications, Inc. (``MPS'') has been 
licensed to operate a repeater  station on the frequency  461.525 
MHz in Trenton, New Jersey and Neptune, New Jersey under the Land 
Mobile Radio licenses WPBV410 and WPDU414, respectively.  However 
on June  17, 1997,  the Commission  issued Statcom  a license  to 
operate a repeater station on  the same frequency from the  World 
Trade Center  in New  York City.   During the  month of  February 
1998, Steve  Budassi  filed  a complaint  with  the  Philadelphia 
Office alleging that  MPS and its  customer, Delaware Valley  Bus 
Lines (``Delaware''), were  experiencing harmful interference  to 
their radio communications  on the frequency  461.525 MHz.2   Mr. 
Budassi claimed that  the transmissions  from Statcom  completely 
override the transmissions from the MPS stations in the areas  of 
central, and northern New Jersey. 

     3.   During the morning  of March 18,  1999, two FCC  agents 

from the Philadelphia Office investigated Mr. Budassi's complaint 

made in person on February 16, 1999.  On numerous occasions  that 

morning,  the  FCC   agents  observed   Statcom,  WPHC348   begin 

transmitting on the frequency 461.525 MHz while the MPS  stations 

WPBV410  and  WPDU414  were  already  active.   The  FCC   agents 

determined that Statcom's  signal was of  sufficient strength  to 

blanket the  signals from  both MPS  stations in  their areas  of 

operation in Mercer and Monmouth  Counties NJ, and north.3  As  a 

result, Statcom was  causing harmful  co-channel interference  to 

MPS' radio communications
 
     4.   On October  8,  1999,  the  District  Director  of  the 

Philadelphia  Office  issued  an  Official  Notice  of  Violation 

(``NOV'') to Statcom for the harmful interference caused to MPS , 

in violation of Section 90.403(e)  of the Rules.  On October  28, 

1999 Statcom submitted a response to the NOV stating that it  had 

taken additional steps to comply  with Sections 90.403(e) of  the 

Rules as  directed in  the  NOV.  Statcom  stated that  it  would 

ensure  that  the  Allen  Luxury  Car  Service  (``Allen''),  its 

customer  on  the  WPHC348  system,  would  take  all  reasonable 

measures to effectively  monitor for transmissions  from the  MPS 

stations prior to transmitting. 

     5.   By  letter  dated  January  21,  2000,  Steve   Budassi 

submitted another complaint  to the  Philadelphia Office  stating 

that MPS and Delaware  continue to seek  relief from the  harmful 

interference caused by the Statcom station WPHC348.  In response, 

FCC  agents  from  the  Philadelphia  Office  conducted   further 

investigation into Mr. Budassi's complaint.  The FCC agents again 

confirmed   that   Statcom   was   causing   harmful   co-channel 

interference to MPS' radio communications because MPS was  unable 

to clearly hear the transmissions from its repeater stations when 

Statcom began transmitting.   On February 25,  2000 and  February 

26, 2000, an FCC  agent from the New  York City Office  inspected 

station WPHC348.  The FCC agent observed that the Statcom station 

WPHC348 did  not have  installed effective  monitoring  equipment 

capable of detecting the  transmissions on the frequency  461.525 

MHz from the MPS stations.

     6.   On  March  16,  2000,  the  District  Director  of  the 

Philadelphia Office  issued  a  second NOV  to  Statcom  for  the 

harmful interference caused to the  MPS stations in violation  of 

Section 90.403(e) of the Rules. The Philadelphia Office suggested 

that Statcom  install  monitoring equipment  on  station  WPHC348 

capable of  detecting  both MPS  stations.   On March  22,  2000, 

Statcom filed a response to the NOV stating the installation of a 

repeater monitor receiver at the Statcom transmitter site on  One 

World Trade Center will not resolve MPS's problem.  Statcom added 

that  it  had  hired  Antenna  Site  Technology  to  prepare   an 

evaluation  of  the   optimal  method  for   responding  to   the 

Commission's directive.  Subsequently, on April 27, 2000, Statcom 

submitted a letter  to the  Philadelphia Office  stating that  it 

would install a repeater monitor receiver at the control  station 

of  its  customer,  Allen  Luxury  Car  Service.   Statcom   also 

expressed its  concern about  the inability  of any  receiver  to 

monitor a station located  in the Trenton,  New Jersey area  from 

such a heavily congested site as the One World Trade Center.

     7.   On May 2, 2000, FCC agents from the Philadelphia Office 

monitored the  frequency 461.525  MHz from  the roof  of the  One 

World Trade Center  and were  able to  receive the  transmissions 

from the MPS stations WPBV410  and WPDU414.  By letter dated  May 

5, 2000, the Philadelphia Office informed Statcom of the  agents' 

May 2, 2000 findings  and reminded Statcom that  it was still  in 

violation of Section 90.403(e) of the Rules.

     8.   On May 31, 2000  at 10:30 a.m., an  FCC agent from  the 

Philadelphia Office detected  the Statcom  station WPHC348  begin 

transmitting on the frequency 461.525  MHz while the MPS  station 

WPBV410  was  already  active.   The  FCC  agent  observed   that 

Statcom's co-channel transmission caused harmful interference  to 

Delaware's radio  communications  in progress,  in  violation  of 

Section 90.403(e) of the Rules. 
                        III.  Discussion

     9.   Section 90.403(e) of the Rules requires that  licensees 

shall  take  reasonable  precautions  to  avoid  causing  harmful 

interference.   This   includes   monitoring   the   transmitting 

frequency for communications in progress and such other  measures 

as may  be  necessary  to  minimize  the  potential  for  causing 

interference. The FCC agents have confirmed that the customers of 

the MPS stations WPBV410  and WPDU414 experience interference  on 

the frequency 461.525  MHz in the  stations' authorized areas  of 

operation in  Mercer and  Monmouth Counties  NJ, and  north  when 

Statcom transmits simultaneously.   Specifically, throughout  the 

morning of February 17, 2000 and  on May 31, 2000 at 10:30  a.m., 

the Statcom station WPHC348  began transmitting on the  frequency 

461.525 MHz  while  the  MPS stations  WPBV410  or  WPDU414  were 

already active.   The FCC  agents  witnessed that  Statcom's  co-

channel  transmissions  caused  harmful  interference  to   radio 

communications of MPS and Delaware in progress.  The Philadelphia 

Office issued a NOV  to Statcom on October  8, 1999 and on  March 

18, 2000  for  violation  of  Section  90.403(e)  of  the  Rules.  

However, Statcom  has  not  taken  effective  measures  to  avoid 

causing harmful co-channel interference  to stations WPBV410  and 

WPDU414.

     10.  Based on the evidence before  us, we find that  Statcom 

willfully4 and  repeatedly5  violated Section  90.403(e)  of  the 

Rules.   The   Commission's  Forfeiture   Policy  Statement   and 

Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 

Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 

denied, 15  FCC Rcd  303(1999) (``Policy  Statement''), sets  the 

base amount  for causing  harmful interference  at four  thousand 

dollars ($4,000).  In assessing  the monetary forfeiture  amount, 

we must also take into account the statutory factors set forth in 

Section 503(b)(2)(D)  of  the  Communications  Act  of  1934,  as 

amended (``the Act''),6 that  include 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  other such matters as justice  may 

require.  Applying the Policy Statement and statutory factors  to 

the instant case, we believe  that a monetary forfeiture of  four 

thousand dollars ($4,000) is warranted for the violation. 

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act7 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules8 Statcom  Communications Corp  is  hereby NOTIFIED  of  its 

APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  four 

thousand dollars ($4,000) for failure to effectively monitor  for 

communications in progress prior to transmitting, in violation of 

Section 90.403(e) of the Rules.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 

the Commission's Rules, within thirty days of the release date of 

this NOTICE OF APPARENT  LIABILITY, Statcom Communications  Corp. 

SHALL PAY the  full amount  of the proposed  forfeiture or  SHALL 

FILE a written statement seeking reduction or cancellation of the 

proposed forfeiture.

     13.  Payment of the  forfeiture may be  made by credit  card 

through the  Commission's Credit  and Debt  Management Center  at 

(202) 418-1995  or  by mailing  a  check or  similar  instrument, 

payable to the order of the Federal Communications Commission, to 

the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 

Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 

60673-7482.  The payment should note the NAL/Acct. No. X3240003. 

     14.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. X3240003. 

     15.  The Commission will not consider reducing or  canceling 

a forfeiture in response  to a claim of  inability to pay  unless 

the petitioner  submits: (1)  federal tax  returns for  the  most 

recent  three-year  period;  (2)  financial  statements  prepared 

according to generally accepted accounting practices  (``GAAP''); 

or (3)  some  other  reliable and  objective  documentation  that 

accurately reflects  the petitioner's  current financial  status.  

Any claim  of inability  to pay  must specifically  identify  the 

basis for the claim by  reference to the financial  documentation 

submitted.

     16.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 

S.W., Washington, D.C. 20554.9

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 

Requested to Statcom  Communications Corp.,  1324 Forest  Avenue, 

Staten Island, New York 10302.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                John E. Rahtes
                                District Director
                                Philadelphia Office
                                

_________________________

1 47 C.F.R.  90.403(e).  

2 Mr.  Budassi  filed  a  similar  complaint  with  the  Personal 
Communications Industry  Association (``PCIA'')  on November  22, 
1995.
3 Both MPS stations WPBV410 and WPDU414 are authorized an area of 
operation of 64 kilometers radius (40 miles) centered on their 
transmitter site.
4 Section 312(f)(1), which also applies to Section 503(b), 
provides: [t]he term ``willful'', when used with reference to the 
commission or omission of any act, means the conscious and 
deliberate commission or omission of such act, irrespective of 
any intent to violate any provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

5 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he term ``repeated'', when used with reference to 
the commission or omission of any act,  means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.