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                            Before the
                 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, 
2002

By the Enforcement Bureau: San Diego Office


                          I. INTRODUCTION

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 
  ($4,000).


                          II.  BACKGROUND

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.


                       III.      DISCUSSION

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 
  and Regulations.14  

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.
                                        District Director
                                        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.