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

In the Matter of                  )
                                 )
WWC License L.L.C.                )   NAL/Acct. No. 20013280-0003
                                 )   EB-01-DV-034
Licensee    of   Public   Mobile  )
Services Station                  )
    Call Sign KNKA731
Rapid City, South Dakota


              NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                  Released:    October 

                                   29, 2001  

By the District Director, Denver Office, Enforcement Bureau:


                           I.   INTRODUCTION

     1.   In this Notice of  Apparent Liability for Forfeiture ("NAL") 
we  find that  WWC  License L.L.C.  ("WWC"),  has apparently  violated 
Section  503(b)  of  the  Communications   Act  of  1934,  as  amended 
(``Act'')1  and  has  apparently  willfully  and  repeatedly  violated 
Section 22.371(b) of  the Commission's Rules (the  "Rules") by failing 
to notify  directional AM  radio station  licensees of  cellular tower 
construction within  3 kilometers  (1.9 miles)  of the  directional AM 
stations' antenna arrays.   We conclude that WWC  is apparently liable 
for forfeiture in the amount of four thousand dollars ($4,000).



                            II.  BACKGROUND

     2.   The  Commission  has  established requirements  that  Public 
Mobile  Service licensees  must  notify the  licensees  of certain  AM 
broadcast  stations  in  advance  of  planned  tower  construction  or 
modification.  The Public Mobile  Service licensee is also responsible 
for installing and maintaining necessary detuning apparatus to correct 
disturbances of the  authorized AM station antenna  pattern that occur 
as a result of tower construction or modification.

     3.   On October 30, 2000, the  Denver Office received a complaint 
regarding construction of a cellular  radio tower in Rapid City, South 
Dakota,  within 3  kilometers  (1.9  miles) of  the  antenna array  of 
directional  AM broadcast  stations KKLS  and KOTA.   The licensee  of 
station KKLS,  is Monterey  Licenses, LLC,  serving Rapid  City, South 
Dakota.  The  licensee of  KOTA, is  Duhamel Broadcasting Enterprises, 
serving Rapid City, South Dakota.  Both stations are authorized to use 
directional antenna arrays.   KKLS's antenna array is  located at N44-
03-43, W103-10-32  and KOTA's antenna  array is located  at N44-02-00, 
W103-11-15.   The FCC's  Universal  Licensing  Database revealed  that 
WWC's  public mobile  station KNKA731  serves Cellular  Market CMA289, 
Rapid City, South Dakota, and  the cellular tower constructed near the 
coordinates of N44-03-11,  W103-10-49 in October and  November of 2000 
was a fill-in transmit antenna site.



     4.   On November 16, 2000, Agent  Jon Sprague of the FCC's Denver 
Office placed a  telephone call to Gene DeJordy,  Esq., Vice President 
of Regulatory Affairs with WWC, regarding the tower construction.  Mr. 
DeJordy indicated he would research  the problem and advise the Denver 
Office of  his findings.  On  November 17,  2000, Mr. DeJordy  faxed a 
copy  of his  findings to  the  Denver Office.   Mr. DeJordy's  report 
states  that inaccuracies  existed  in  the database  used  by WWC  to 
identify  the required  directional  AM stations  pursuant to  Section 
22.371(b).   Mr. DeJordy  acknowledged that  WWC apparently  failed to 
notify,  in  advance  of  tower construction,  the  two  licensees  of 
directional AM radio stations located  within 3 kilometers (1.9 miles) 
of the specified cellular radio tower.

     5.   The  Denver Office  issued an  Official Notice  of Violation 
("NOV") on  February 6, 2001.   In a  February 23, 2001  response, WWC 
stated that it  was unable to confirm that either  AM station licensee 
was  notified.  WWC  also  identified the  specific  actions taken  to 
correct  the  violations  noted  in  the NOV  and  to  preclude  their 
recurrence.  WWC 's  counsel indicated WWC License has  a long history 
of compliance with  the Commission's rules, and  regularly notifies AM 
station licensees that may be  affected by tower construction prior to 
commencing construction.  WWC stated that it would expand its training 
program  for its  site  acquisition personnel  and implement  internal 
quality  reviews  to ensure  compliance  with  the Commission's  Rules 
regarding notification of AM station licensees.  

                         III.      DISCUSSION

     6.   Section  503(b) of  the  Act provides  that  any person  who 
willfully or repeatedly  fails to comply substantially  with the terms 
and conditions  of any  license, or  fails to comply  with any  of the 
provisions of  the Act or of  any rule, regulation or  order issued by 
the Commission thereunder,  shall be liable for  a forfeiture penalty.  
The term ``willfull''  as used in Section 503(b)  has been interpreted 
to mean  simply that the  acts or omissions are  committed knowingly.2  
It is not pertinent whether or not the licensee's act or omissions are 
intended to violate the law.  Forfeitures assessed pursuant to Section 
503(b)(2)  of   the  Act  are   determined  in  accordance   with  the 
Commission's forfeiture guidelines set  forth in Section 1.80(b)(4) of 
the  Commission's   Rules  and  The  Commission's   Forfeiture  Policy 
Statement and  Amendment of Section  1.80 of the Rules  to Incorporate 
the Forfeiture Guidelines (``Forfeiture Policy Statement).3 

     7.   The  Commission's   Rules  clearly   state  that   if  tower 
construction  or  modification is  planned  within  3 kilometers  (1.9 
miles) of a directional AM  broadcast station array, the Public Mobile 
Service licensee must notify the  licensee of the AM broadcast station 
in advance of the planned construction or modification.4  Based on the 
evidence before us, we find that WWC willfully and repeatedly violated 
Section 22.371(b) of  the Commission's Rules by failing  to notify two 
directional AM  radio station licensees  in advance of  cellular tower 
construction  within  3 kilometers  of  the  AM stations'  directional 
antenna arrays.  

     8.   The  Forfeiture Policy  Statement  and Section  1.80 of  the 
Commission's Rules  set the  base forfeiture  amount for  violation of 
rules  relating  to  construction  or  operation  at  an  unauthorized 
location at $4,000.5  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 violations(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.  
Applying the Forfeiture Policy Statement  and statutory factors to the 
instant case, a $4,000 forfeiture is warranted. 

                         IV.  ORDERING CLAUSES

     9.   Accordingly, IT  IS ORDERED,  pursuant to Section  503(b) of 
the Communications Act of 1934,  as amended, and Sections 0.111, 0.311 
and  1.80 of  the Commission's  Rules, WWC  License L.L.C.,  is hereby 
NOTIFIED of this APPARENT LIABILITY FOR  A FORFEITURE in the amount of 
four thousand dollars ($4,000) for  repeated violation of 22.371(b) of 
the Commission's Rules.

     10.  IT  IS FURTHER  ORDERED,  PURSUANT TO  Section  1.80 of  the 
Commission's Rules,  within thirty  days of the  release date  of this 
NOTICE OF APPARENT  LIABILITY, WWC License L.L.C., SHALL  PAY the full 
amount of  the proposed forfeiture  or SHALL FILE a  written statement 
seeking reduction or cancellation of the proposed forfeiture.

     11.  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. 20013280-0003.

     12.  A response regarding this matter,  if any, must be mailed to 
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. 20013280-0003.

     13.  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.

     14.  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  Operations  Group, 445  12th  Street,  S.W., 
Washington, D.C. 20554.6

            15.          IT  IS FURTHER  ORDERED THAT  a copy  of this 
NOTICE OF APPARENT  LIABILITY shall be sent,  by Certified Mail/Return 
Receipt Requested, No. P 028 897 017 to WWC License L.L.C., 3650 131st 
Avenue, S.E., Suite 400, Bellevue, Washington 98006.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Leo E. Cirbo
                              District Director, Denver Office







_________________________

1  47 U.S.C.  503(b).
2 Southern  California Broadcasting Company,  6 FCC Rcd 4387,  para. 5 
(1991).
3  47  U.S.C.  503(b)(2),  47   C.F.R.  1.80(b)(4).   See  also  The 
Commission's Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules  to Incorporate Forfeiture Guidelines, 12  FCC Rcd 17087, 
recon. denied, 15 FCC Rcd 303(1999) ("Forfeiture Policy Statement").
4 47 C.F.R. 22.371(b).
5 47 C.F.R. 1.80(b)(4).
6 See 47 C.F.R. 1.1914.