Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
TeleBEEPER of New Mexico, Inc.   )       File Number EB-01-DL-818
Licensee of Radio Station        )     NAL/Acct. No. 200232500006
WPQN222                          )             FRN:  0001-6111-10
Albuquerque, New Mexico          )
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  July 9, 2002

By the Enforcement Bureau, Dallas Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that TeleBEEPER of  New Mexico, Inc. (TeleBEEPER),  licensee 
of Wireless Radio  Services Station  WPQN222, willfully  violated 
Section 1.903(a) of the Commission's Rules (``Rules'') by failing 
to operate  in accordance  with its  station authorization.1   We 
conclude that TeleBEEPER of New Mexico, Inc. is apparently liable 
for  a  forfeiture  in  the  amount  of  three  thousand  dollars 
($3,000).

                         II.  BACKGROUND

     2.   On December  6, 2001,  in response  to a  complaint  of 
interference, an agent from  the FCC Enforcement Bureau's  Dallas 
Field  Office   (``Dallas  Office'')   located  the   source   of 
interference to be  a radio  paging service  transmitting on  the 
frequency 929.2375 MHz  from Franklin Mountain,  El Paso,  Texas.   
A search  of the  FCC license  database showed  an  authorization 
issued to TeleBEEPER under callsign WPQN222 authorizing operation 
in the El  Paso-Albuquerque market  area.  However,  TeleBEEPER's 
authorization contained a special condition requiring  TeleBEEPER 
to file an application with the Commission to modify its  license 
in order to add  any transmitter site located  within 120 km  (75 
miles) of the  U.S.-Mexican border within  30 days of  commencing 
such operation.   FCC  records  showed no  such  application  for 
TeleBEEPER's operation on Franklin  Mountain.  Still on  December 
6, 2001, the agent  interviewed by telephone TeleBEEPER's  owner, 
Mr. Dallas Vanderhoof, who stated that TeleBEEPER owned the radio 
paging service operating on 929.2375 MHz on Franklin Mountain.

     3.   On  April  29,  2002,  the  Dallas  Office  issued   to 
TeleBEEPER an  Official Letter  of Inquiry  (``LOI'')  requesting 
TeleBEEPER to  provide  the  date  they  commenced  operation  on 
Franklin  Mountain  in  El  Paso,   Texas,  and  copies  of   any 
documentation submitted to modify TeleBEEPER's license to operate 
at that location.  The Dallas Office received TeleBEEPER's  reply 
to the LOI on May 31, 2002.  TeleBEEPER stated they had commenced 
operation on Franklin Mountain in  or about September, 2000,  and 
had failed to file an application for that operation.


                      III.      DISCUSSION


     4.    Section 1.903(a) of the Rules sets forth that Wireless 
Radio Services must be used and operated only in accordance  with 
the rules applicable to their particular service and with a valid 
authorization granted  by  the Commission.  A  special  condition 
attached to TeleBEEPER's license  WPQN222 requires TeleBEEPER  to 
notify the Commission of each transmitter site located within 120 
km (75 miles)  of the  U.S. - Mexican  border. Specifically,  for 
each site  within the  border  area, the  licensee must  file  an 
application to  modify  its  license  in order  to  add  the  new 
transmitter to their authorization  within 30 days of  commencing 
operation. On  December 6,  2001,  TeleBEEPER operated  a  paging 
service from Franklin Mountain in El Paso, Texas on 929.2375  MHz 
approximately 2.5 miles from  the border with Mexico.  TeleBEEPER 
admits this operation commenced in  or about September 2000.  The 
required application for the subject site had not been  submitted 
as of December 6, 2001.

     5.   Based on  the  evidence  before us,  we  find  that  on 
December 6,  2001, TeleBEEPER  of  New Mexico,  Inc.,  willfully2 
violated Section 1.903(a) of the  Rules by failing to notify  the 
Commission of each  transmitter site  located within  120 km  (75 
miles) of the U.S. - Mexican border within 30 days of  commencing 
operation.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules, the  base 
forfeiture  amount  for  failure   to  file  required  forms   or 
information   is    $3,000.3    Section   503(b)(2)(D)   of   the 
Communications Act of 1934, as amended (``Act''), requires us  to 
take into account  ``... 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.''4  
Considering the entire record and applying the statutory  factors 
listed above, this case warrants a $3,000 forfeiture.

                      IV.  ORDERING CLAUSES


     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,6 TeleBEEPER of New Mexico, Inc. is hereby NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  three 
thousand  dollars  ($3,000)  for  willful  violation  of  Section 
1.903(a) of the Commission's Rules.


     8.   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, TeleBEEPER of  New Mexico, Inc. SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     9.   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 must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     11.  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.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.7 

     13.   IT IS FURTHER  ORDERED THAT a copy  of this Notice  of 
Apparent Liability shall  be sent by  regular mail and  Certified 
Mail Return Receipt Requested to TeleBEEPER of New Mexico,  Inc., 
4604 McLeod NE, Albuquerque, New Mexico 87109.


                              FEDERAL COMMUNICATIONS COMMISSION
                         


                              Jerry M. Montgomery
                              Acting  District  Director,  Dallas 
Office
                              Enforcement Bureau
_________________________

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 equally 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 47 C.F.R.  1.80(b)(4).
4 47 U.S.C.  503(b)(2)(D).
5 47 U.S.C.  503(b).
6 47 C.F.R.  0.111, 0.311, 1.80.
7 See 47 C.F.R.  1.1914.