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


In the Matter of                )
                                )
Northeast Passage Corporation.  )       File No. EB-00-PA-362
512 U.S. Highway 9              )
Forked River, New Jersey  08731 )       NAL/Acct No.: 

200132400003



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  March 22, 
          2001

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.  INTRODUCTION

     1. In  this  Notice  of Apparent  Liability  for  Forfeiture 
("NAL"), we find  that Northeast  Passage Corporation  (``NEPC'') 
has apparently  violated  Sections  17.4(a) and  1.89(b)  of  the 
Commission's Rules and Regulations (the ``Rules'') by failing  to 
register  its  antenna  structure  and  failing  to  respond   to 
Commission correspondence.1  We conclude that NEPC is  apparently 
liable for a forfeiture in  the amount of seven thousand  dollars 
($7,000). 

                         II.  BACKGROUND

     2. By  letter dated  September 13, 2000,  SBC Wireless  Inc. 
informed  the  Federal  Communications  Commission's  Enforcement 
Bureau that NEPC failed to register an antenna structure with the 
Commission.  SBC Wireless Inc. stated that it leases space on the 
unregistered antenna structure that  is located in Forked  River, 
New Jersey near the coordinates 39o  49' 37'' N by 074o 12'  10'' 
W.  The Enforcement Bureau's Technical and Public Safety Division 
forwarded  the   complaint  to   the  Philadelphia   Office   for 
investigation.

     3. During  a  telephone conversation  with FCC  agent  David 
Dombrowski, Walter Holmes of NEPC  acknowledged that NEPC is  the 
owner of the antenna structure, the overall height of the antenna 
structure is greater  than 200  feet above ground  level and  the 
antenna structure  was  never  registered  with  the  Commission. 
Walter Holmes  stated that  Northeast Passage  Corp.  voluntarily 
installed obstruction  lighting  on  the  antenna  structure  for 
aeronautical purposes.




     4. On October 20, 2000, the Philadelphia Office issued  NEPC 
a Notice  of  Violation  for  failure  to  register  the  antenna 
structure with the Commission, in violation of Section 17.4(a) of 
the Rules. The  Philadelphia Office  requested NEPC  to submit  a 
written  response  addressing  the   violation  within  10   days 
following receipt of  the Notice of  Violation.  On November  28, 
2000,  Walter  Holmes  contacted   the  Philadelphia  Office   by 
telephone and advised FCC agent Trent Williams that NEPC received 
the Notice of Violation.

     5. As  of December  7,  2000, NEPC  had not  registered  its 
antenna structure or submitted a written response to the  October 
20, 2000 Notice  of Violation.  Therefore,  on December 7,  2000, 
the Philadelphia Office  issued NEPC  a Notice  of Violation  for 
failure to respond to Commission correspondence, in violation  of 
Section 1.89(b) of the  Rules.  In the  Notice of Violation,  the 
Philadelphia Office  included  a copy  of  the October  20,  2000 
Notice of Violation and stated that  it had not received a  reply 
from NEPC.  The  Philadelphia Office  sent the  December 7,  2000 
Notice of Violation to NEPC by certified mail.  According to  the 
return receipt, NEPC  received the Notice  of Violation from  the 
U.S. Postal Service on December 15, 2000.

     6. As  of  this  date,  the  Philadelphia  Office  has   not 
received a reply to  the Notices of  Violation issued on  October 
20, 2000 and December  7, 2000 and the  Commission has no  record 
that  NEPC  registered  the  antenna  structure.   Although   the 
Philadelphia Office has made numerous attempts to contact NEPC by 
telephone, NEPC has not returned any of the telephone calls.

                        III.   DISCUSSION

     7. Pursuant  to Section 17.4(a) of  the Rules, the owner  of 
any proposed or existing antenna structure that requires a notice 
of proposed construction to  the Federal Aviation  Administration 
(``FAA'')  must  register  the  structure  with  the  Commission.  
Pursuant to Section 17.7(a) of  the Rules, a notification to  the 
FAA is required for any construction or alteration of an  antenna 
structure of more than 200 feet above ground level.2  In  Section 
17.2(a) of  the Rules,  an antenna  structure is  defined as  the 
supporting structures  and  any appurtenances  mounted  thereon.3  
Based on measurements  conducted by FCC  agent Trent Williams  of 
the Philadelphia Office and  Valcom Wireless Construction,  Inc., 
the overall  height of  the antenna  structure exceeds  200  feet 
above ground level.  Consequently, NEPC must register the antenna 
structure with the Commission by filing FCC Form 854 (Application 
for Antenna Structure Registration).

     8. In  the Notices of Violation  issued on October 20,  2000 
and December 7,  2000, the Philadelphia  Office required NEPC  to 
submit a written response addressing its failure to register  the 
antenna structure.  Section  1.89(b) of the  Rules requires  that 
within 10  days from  receipt  of the  Notice of  Violation,  the 
recipient shall send a written answer, in duplicate, directly  to 
the Commission office originating  the official notice.   Section 
1.89(c) of  the Rules  requires that  the answer  to each  notice 
shall  contain  a  statement  of  action  taken  to  correct  the 
condition  or  omission  complained   of  and  to  preclude   its 
recurrence.4


     9. Based  on  the evidence  before  us, we  find  that  NEPC 
willfully5 violated Section  17.4(a) of the  Rules by failing  to 
register its antenna structure and  Section 1.89(b) of the  Rules 
by failing to respond to Commission correspondence.


     10.  Pursuant  to   Section   1.80  of   the   Rules,6   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) 
(``Policy Statement''), the base amount for failure to respond to 
official Commission correspondence is $4,000, and the base amount 
for failure to register antenna structures is $3,000 (failure  to 
file required forms or  information).  The total base  forfeiture 
for  both  violations  is  $7,000.   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  Communications 
Act of 1934, as amended, (the ``Act''),7 that 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 Policy Statement and statutory 
factors  to  the  instant  case,  we  believe  that  a   monetary 
forfeiture in the  amount of seven  thousand dollars ($7,000)  is 
warranted.

                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act8, and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 NORTHEAST PASSAGE CORPORATION  is hereby NOTIFIED of  its 
APPARENT LIABILITY  FOR  A  FORFEITURE in  the  amount  of  seven 
thousand dollars  ($7,000)  for violating  Sections  17.4(a)  and 
1.89(b) of the Rules.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within  thirty days  of the  date of  release of  this 
NOTICE OF APPARENT LIABILITY, NORTHEAST PASSAGE CORPORATION SHALL 
PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     13.  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. 200132400003.


     14.  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. 200132400003  referenced 
above.

     15.  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.

     16.  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. 20554.10

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to NORTHEAST PASSAGE CORPORATION at 512 U.S. Highway 9, 
Forked River, New Jersey  08731.


                              FEDERAL COMMUNICATIONS COMMISSION




                              John E. Rahtes
                              District Director
                              Philadelphia Office
_________________________

1 47 C.F.R.  17.4(a) and 1.89(b).
2 47 C.F.R.  17.7(a).

3 47 C.F.R.  17.2(a).

4 47 C.F.R.  1.89(c).

5 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 or any rules or regulations of the 
Commission authorized by this Act....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
6
 47 C.F.R.  1.80.

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, and 0.311.
10 See 47 C.F.R.  1.1914.