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


                                )
In the Matter of                   )         File No. EB-02-PA-
301
                                )
Tekk Comm Communications        )       NAL/Acct.             No. 
200332400001
WPPT607                         )
Waterford, New Jersey           )       FRN: 0004-4496-41
                                )          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: October 22, 
               2002

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                         I.   INTRODUCTION

     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). 

                         II.  BACKGROUND

     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 
Jersey.  

                      III.      DISCUSSION

     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 
warranted. 

                      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: 
0004-4496-41.

     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 
submitted.

     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



                                                             John 
E. Rahtes
                                    District Director
                                    Philadelphia Office

_________________________

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.