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FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
Mr. William Wayne ) File No.: EB-02-SD-015
Licensee, Paging ) NAL/Acct. No.:
Station WNGS721 ) 200232940005
1738 Highway 95 ) FRN#: 0003-8004-22
Bullhead City, AZ 86430 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 17,
By the Enforcement Bureau: San Diego Office
1. In this Notice of Apparent Liability for Forfeiture (``NAL''),
we find Mr. William Wayne, the licensee of a Private Land Mobile
radio paging station, WNGS721, in Lake Havasu City, Arizona is
liable for a forfeiture, pursuant to Section 503(b) of the
Communications Act of 1934,1 as amended (``Act''), for apparently
willfully violating Section 301 of the Act2 and Section 1.903(a)
of the Commission's Rules and Regulations (``Rules'')3 by failing
to obtain Commission approval prior to relocating station WNGS721
to the Island Inn Hotel, 1300 W. McCulloch Blvd., Lake Havasu
City, Arizona. We conclude that Mr. William Wayne is apparently
liable for forfeiture in the amount of four thousand dollars
2. On January 29, 2002, an agent from the Federal Communications
Commission's (``FCC'') San Diego office was dispatched to the
Lake Havasu, Arizona area to help resolve an interference matter
to the radio system of the local fire-fighting service, the
Desert Hills Fire Department (``Desert Hills''). The Desert
Hills radio system which operates on frequency 154.130 MHz in the
Public Safety radio service, was receiving interference at times
from spurious emissions generated by a paging station in the
downtown area of Lake Havasu City, Arizona. A check of the
Commission license records revealed no paging stations authorized
in the downtown area of Lake Havasu City, Arizona. However,
there was a licensee for frequency 152.480 MHz in the Lake Havasu
City area under the individual name of Mr. William Wayne, at 4221
Colt Dr., Lake Havasu City, Arizona under call sign WNGS721,
approximately six miles from the downtown area.
3. The FCC agent arrived in the Lake Havasu area and noted that a
paging transmitter was operational on frequency 152.480 MHz in
the downtown area of Lake Havasu City, Arizona. Using direction
finding techniques the FCC agent located the paging station atop
the Island Inn Hotel, 1300 W. McCulloch Blvd., Lake Havasu City,
Arizona. The transmitter was also emitting low level spurious
signals at 156.00 and 157.805 MHz. No spurious signals were
noted at 154.130 MHz. Desert Hills was contacted and they
reported no interference to their radio system at that time.
4. The next day on January 30, 2002, Mr. William Wayne was
contacted by telephone at his business address in Bullhead City,
Arizona by the FCC agent. Mr. Wayne was advised of the
interference problems encountered by Desert Hills. Mr. Wayne
admitted that the Island Inn Hotel paging station was his
station. The FCC agent arranged to meet him and a service
technician later that day at the transmitter site in order to
conduct an inspection. During the inspection Mr. Wayne stated
the transmitter for the 4221 Colt Dr. site was never installed
and was instead placed into service at the Island Inn Hotel. Mr.
Wayne said he had submitted an application to modify his station
authorization but it had been returned as being defective and
needed frequency coordination. Although his application had been
rejected, Mr. Wayne stated he believed relocation without prior
FCC approval was possible because the relocation site would not
exceed the station's licensed interference contour. Mr. Wayne
and the service technician ceased operating the transmitter and
promised not to resume operation until FCC authority was received
and the spurious signals were eliminated.
5. Paging station WNGS721 is authorized as a Private Land Mobile
Radio (``PLMR'') station and is subject to regulations under Part
90 of the Rules4. Mr. Wayne apparently mistakenly believed his
paging station was subject to regulation under Part 22, Subpart E
(Public Mobile Services - Paging & Radiotelephone Service) of the
Rules.5 Paging licensees in the Public Mobile Service are
granted exclusive use of a radio channel for a given area and may
relocate transmitters that are not considered a major
modification as defined in Section 1.949(c)(1) of the Rules6
without prior FCC approval. However, Mr. Wayne applied for a
PLMR station under Part 90, not a Public Mobile Service station
under Part 22. As a PLMR applicant, Mr. Wayne was required to
contact a frequency advisory committee, as outlined in Section
90.175 of the Rules,7 in order to determine what impact the
proposed station will have upon other users. The recommendation
of the frequency advisory committee along with the proper FCC
application form was submitted to the Commission, and Mr. Wayne
received his PLMR paging authorization for station WNGS721.
6. As stated by Section 301 of the Act2, a radio station is
considered unlicensed if it has no authority to operate from the
Commission. The 152.480 MHz paging station at 1300 W. McCulloch
Blvd., Lake Havasu City, Arizona had no authority to operate from
that location on January 30, 2002. Also, as stated under Section
1.929(c)(4)(v) of the Rules8, the relocation of a PLMR paging
station is considered a major change. A FCC application along
with a frequency coordination committee recommendation must be
filed before the station may conditionally operate from the new
location, as outlined under Section 90.159 of the Rules9.
Following the inspection of WNGS721, Mr. Wayne filed the
necessary application and on April 2, 2002 received a modified
authorization. However, the granting of this application does
not absolve Mr. Wayne of the responsibility to apply to the
Commission before relocating the paging station. Mr. Wayne
failed to comply with the terms and conditions of his license for
PLMR station WNGS721 by substantially relocating it. We find Mr.
Wayne willfully failed to comply fully with the provisions of the
Act, rules and regulations issued by the Commission, and the
terms of his license, and is therefore liable for a forfeiture
penalty. It is not pertinent whether or not the licensee's
actions or omissions were intended to violate the law or that any
corrective actions have been made.
7. Based on the evidence before us, we find that on January 30,
2002, Mr. William Wayne willfully violated Section 301 of the
Act2 and Section 1.903(a) of the Rules3, by failing to obtain
prior Commission approval to operate paging station WNGS721 at a
new location, known as the Island Inn Hotel, 1300 W. McCulloch
Blvd., Lake Havasu City, Arizona. Pursuant to The Commission's
Forfeiture Policy Statement and Amendment of Section 1.80 of the
Rules to Incorporate the Forfeiture Guidelines,10 the base
forfeiture amount for constructing and operating a radio station
at an unauthorized location is $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 Act, which
include the nature, circumstances, extent, and gravity of the
violation(s), 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.11 In applying Section
1.80(b)(4)12 of the Rules and the statutory factors to the
instant case, we find no compelling evidence to support any
adjustments to the base forfeiture amounts. Therefore, a total
forfeiture in the amount of $4,000 is warranted.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of
the Act, and Sections 0.111, 0.311 and 1.80 of the Commission's
Rules,13 Mr. William Wayne, is hereby NOTIFIED of his APPARENT
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars
($4,000) for violating Section 301 of the Communications Act of
1934, as amended and Section 1.903(a) of the Commission's Rules
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, Mr. William Wayne, 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/Account No. 200232940005 and FRN # 0003-8004-22.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Technical and Public Safety
Division, 445 12th Street, S.W., Washington, DC 20554 and MUST
INCLUDE THE NAL/Acct. No. 200232940005.
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; 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 Receivable Operation Group, 445 12th Street,
S.W., Washington, D.C. 20554.15
IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT LIABILITY shall
be sent, by certified mail, return receipt requested, to Mr.
William Wayne, 1738 Highway 95, Bullhead City, AZ 86430.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
San Diego Office
1 47 U.S.C. § 503(b).
2 47 U.S.C. § 301.
3 47 C.F.R. § 1.903(a)
4 47 C.F.R. Part 90.
5 47 C.F.R. Part 22, Subpart E.
6 47 C.F.R. § 1.949(c)(1).
7 47 C.F.R. § 90.175.
8 47 C.F.R. § 1.929(c)(4)(v).
9 47 C.F.R. § 90.159
10 The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15
FCC Rcd 303 (1999).
11 47 U.S.C. § 503(b)(2)(D).
12 47 C.F.R. § 1.80(b)(4).
13 47 C.F.R. §§ 0.111, 0.311, 1.80.
14 47 C.F.R. §§ 11.35(a) and 11.61.
15 47 C.F.R. § 1.1914.