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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-PA-
Tekk Comm Communications ) NAL/Acct. No.
Waterford, New Jersey ) FRN: 0004-4496-41
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 22,
By the District Director, Philadelphia Office, Enforcement
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Tekk Comm Communications (``Tekk'') has
apparently violated Section 1.903(a) of the Commission's Rules
(the ``Rules'').1 The violation occurred because Tekk operated
station WPPT607 on the frequency 464.375 MHz at an unauthorized
location. We conclude that Tekk is apparently liable for a
forfeiture in the amount of four thousand dollars ($4,000).
2. While conducting an audit of the Private Land Mobile
Radio Services in the 450 - 470 MHz band on July 16, 2002, FCC
agent David Dombrowski of the Philadelphia Office detected
transmissions on the frequency of 464.375 MHz in the
Williamstown, New Jersey area. A check of FCC databases
indicated that the Commission had not authorized that frequency
for use in Williamstown, New Jersey.
3. On August 15, 2002, the District Director of the
Philadelphia Office assigned agent Frank Cranmer to investigate
the source of the transmissions. During the investigation, the
agent used direction-finding techniques to determine that radio
transmitting equipment was being operated at 1277, Sykes Lane,
Williamstown, New Jersey on the frequency 464.375 MHz. The agent
monitored a short, pulse-type signal of less than 1 second
duration being transmitted approximately every 10 seconds.
4. During further investigation, agent Cranmer found that
Tekk had installed a transmitter at 1277 Sykes Lane,
Williamstown, New Jersey to provide additional radio
communications capabilities on the frequency 464.375 MHz. At the
time of the investigation, Tekk was authorized to operate station
WPPT607 on the frequency 464.375 MHz at RD5, Centerton Road,
Centerton, New Jersey.
5. On August 28, 2002 between 9:00 a.m. and 10:15 a.m.,
the agent monitored radio transmissions on the frequency 464.375
MHz. Using direction-finding techniques, the agent determined
that radio transmitting equipment was being operated at 1277
Sykes Lane, Williamstown, New Jersey on the frequency 464.375
MHz. When he arrived at the location, the agent encountered Gary
Bendy, a Tekk employee, who was working at the location. The
employee confirmed that Tekk was operating a transmitter on the
frequency 464.375 MHz at 1277 Sykes Lane, Williamstown, New
6. Section 1.903(a) of the Rules requires that 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. On August
15, 2002 and August 28, 2002, Tekk operated a transmitter on the
frequency 464.375 MHz at the unauthorized location of 1277 Sykes
Lane, Williamstown, New Jersey.
7. Based on the evidence before us, we find that Tekk Comm
Communications willfully2 and repeatedly3 violated Section
1.903(a) 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) (``Forfeiture Policy
Statement''),4 sets the base forfeiture amount for operation of a
station at an unauthorized location at $4,000. In assessing the
monetary forfeiture amount, we must take into account the
statutory factors set forth in Section 503(b)(2)(D) of the
Communications Act of 1934,5 (the ``Act''), as amended, which
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
Forfeiture Policy Statement and the statutory factors to the
instant case and applying the inflation adjustments, we believe
that a four thousand dollar ($4,000) monetary forfeiture is
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 Tekk is hereby NOTIFIED of its APPARENT LIABILITY FOR A
FORFEITURE in the amount of four thousand dollars ($4,000) for
its operation of station WPPT607 at an unauthorized location.
9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NOTICE
OF APPARENT LIABILITY, Tekk SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. Payment of the forfeiture may be made 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. 200332400001 and FRN: 0004-4496-41.
11. The response, if any, must be mailed to the 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. 200332400001 and FRN:
12. 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
13. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.8
14. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical and Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail, Return
Receipt Requested, to Tekk Comm Communications, 6 Maiese Ave.,
Waterford, New Jersey 08322.
FEDERAL COMMUNICATIONS COMMISSION
1 47 C.F.R. § 1.903(a).
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to Section 503(b) of the Act, provides that ``[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
provision of this Act ....'' See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
3 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.
4 47 C.F.R. § 1.80.
5 47 U.S.C § 503(b)(2)(D).
6 47 U.S.C § 503(b).
7 47 C.F.R. §§ 0.111 and 0.311.
8 See 47 C.F.R. § 1.1914.