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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554

                                  )
In the Matter of                   )
                                  )     File No. EB-03-SD-013
PGA Tour                           )     NAL/Acct. No. 
Licensee of Station WPSE606        )     200332940005
Ponte Vedra Beach, Florida         )     FRN: 000-467-4693
                                  )

            NOTICE OF APPARENT LIABILITY FOR FORFEITURE


By the Enforcement Bureau: San Diego Office                             
Released:  March 31, 2003


                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we  find  that  PGA  Tour,   the  licensee  of  station  WPSE606, 
  apparently willfully  and repeatedly violated  Sections 1.903(a), 
  90.403(e), and 90.425(a) of  the Commission's Rules (``Rules''),1 
  by operating station  WPSE606 inconsistent with the  terms of its 
  authorization, causing harmful interference to another co-channel 
  licensee and  failing to transmit proper  station identification.  
  We  conclude, pursuant  to Section  503(b) of  the Communications 
  Act, as  amended (``Act''),2 that  PGA Tour is  apparently liable 
  for  forfeiture   in  the  amount  of   twelve  thousand  dollars 
  ($12,000).


                          II.  BACKGROUND

  1.      On  February   10,  2003,   the  Federal   Communications 
     Commission's  (``FCC'')   San   Diego   office   received   an 
     interference complaint from Gifford Engineering (``Gifford''), 
     the  licensee  of  a   Private  Land  Mobile   Radio  Services 
     (``PLMRS'') station  WPKZ572.  Gifford  reported  that a  data 
     signal was  disrupting  the input  frequency  of their  mobile 
     relay station atop Mt. Otay near San Diego  on 469.175 MHz for 
     the past  several days.   An agent  from the  FCC's San  Diego 
     office investigated the complaint that same  day and found the 
     source of interference to be a data  transmitter at the Torrey 
     Pines Golf Club in La Jolla, California.  The agent determined 
     that the data transmitter was operated by  PGA Tour under call 
     sign WPSE606 on 469.175 MHz.  

  2.      The agent found that PGA Tour had established the station 
     to provide  golf scoring  data  to broadcasters  who would  be 
     covering the Buick Invitational Tournament later  that week at 
     the Torrey  Pines  golf  course.   The  agent also  found  the 
     station had been operating  continuously for one week,  had no 
     capability to monitor the  channel for other activity  and was 
     not transmitting  any station  identification.  The  PGA staff 
     operating the station acknowledged that the frequency had been 
     briefly  monitored  prior  to  commencing  operation,  but  no 
     subsequent monitoring of the frequency had occurred.    

  3.      The FCC's  database  reflects  that  station  WPSE606  is 
     authorized operate  on 469.175  MHz nationwide.   However, the 
     authority for  frequency  469.175  MHz  is  limited  to  voice 
     transmissions under the emission designator 11K2F3E (``F3E'').  
     The agent advised the PGA Tour staff that there appeared to be 
     no authority for  data transmission for  469.175 MHz  and that 
     their station was disrupting other authorized users.  PGA Tour 
     immediately ceased operations on 469.175 MHz.   


                       III.      DISCUSSION

  4.      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 
willfully or repeatedly fails to comply with  any of the provisions 
of the  Act or  of  any rule,  regulation  or order  issued by  the 
Commission there under, shall be liable  for a forfeiture penalty.3  
The term ``willful'' as used in Section 503(b) has been interpreted 
to mean simply that  the acts or omissions  are committed knowingly 
and the term ``repeated''  means the commission or  omission of the 
act more than once or for more than one day.4

  5.      Section 1.903(a) of the Rules requires  PLMRS stations to 
     be used  and  operated  only  in  accordance  with  the  rules 
     applicable to  their  particular  service  and  with  a  valid 
     authorization granted by the FCC.   Each station authorization 
     contains the technical  data specifying  how a  station should 
     operate, including frequency, power and type of emission.  The 
     PGA Tour  is authorized  only  voice F3E  type emissions,  but 
     chose to operate  this station with  a non voice  data signal.  
     Therefore, PGA Tour willfully and  repeatedly violated Section 
     1.903(a) of  the  Rules  by  transmitting  a data  signal  for 
     several days up to and including February 10, 2003, on station 
     WPSE606 on frequency 469.175 MHz without  authority to use any 
     non voice emissions. 

  6.      Section 90.403(e) of  the Rules requires  PLMRS licensees 
     to take reasonable precautions to  avoid causing interference, 
     including   monitoring   the   transmitting    frequency   for 
     communications in  progress  and  other  measures  as  may  be 
     necessary to minimize the potential  for causing interference.  
     The PGA  Tour setup  a radio  transmitter to  relay data  to a 
     central point  and left  the unit  operating continuously  for 
     several days  with no  meaningful  data transmissions  without 
     engaging in any monitoring of the  frequency.  The station had 
     no capability  to  monitor the  communications  channel or  to 
     determine if  others  were  operating.   Therefore,  PGA  Tour 
     willfully and  repeatedly violated  Section  90.403(e) of  the 
     Rules by operating station WPSE606 for several  days up to and 
     including February 10, 2003, on frequency  469.175 MHz without 
     monitoring the  transmitting  frequency  and  by  transmitting 
     unnecessary signals  that prevented  the frequency  from being 
     used by others.

  7.      Section 90.425(a) of the Rules requires PLMRS stations to 
     be identified at regular  intervals (every fifteen  minutes in 
     this case) whenever  stations are used  in a  continuous mode.  
     Licensees share frequencies in this radio  service and station 
     identification is  essential.  In  order  to resolve  problems 
     that may arise from time to time  when frequencies are shared, 
     being able to identify other users is critical to resolving an 
     interference problem.   PGA  Tour  failed  to  identify  their 
     station at any time  or have the capability  to identify their 
     station,  which   compounded  the   problem  to   resolve  the 
     interference to Gifford for several days.  Therefore, PGA Tour 
     willfully and  repeatedly violated  Section  90.425(a) of  the 
     Rules by  failing  to identify  station  WPSE606 on  frequency 
     469.175 MHz for several days up to  and including February 10, 
     2003.

  8.      Based on the evidence before us, we find that for several 
     days up to and including February 10,  2003, PGA Tour operated 
     station WPSE606 on frequency 469.175 MHz  with an unauthorized 
     emission, caused interference  to another licensee  and failed 
     to use a station identifier in  willful and repeated violation 
     of Sections 1.903(a),  90.403(e) and  90.425(a) of  the Rules.  
     Pursuant to The  Commission's Forfeiture Policy  Statement and 
     Amendment of  Section 1.80  of  the Rules  to Incorporate  the 
     Forfeiture  Guidelines,5  the   base  forfeiture   amount  for 
     operating with an unauthorized emission is $4,000, for causing 
     interference is $7,000  and for failing  to operate  without a 
     station identifier  is  $1,000.   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.6  In applying Section 1.80(b)(4) 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 
     $12,000 is warranted. 


                       IV.  ORDERING CLAUSES

  9.      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,  PGA  Tour, is  hereby  NOTIFIED of  their 
     APPARENT LIABILITY FOR  A FORFEITURE in  the amount  of twelve 
     thousand dollars  ($12,000) for  violating Sections  1.903(a), 
     90.403(e), and 90.425(a) of the Commission's Rules.7

  10.     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,  PGA  Tour 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/Account  No 200332940005 and  FRN 000-467-
     4693.

  12.     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. 200332940005.

  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;  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  Operation Group,  445 12th 
     Street, S.W., Washington, D.C. 20554.8

  15.     Under the Small  Business Paperwork  Relief Act  of 2002, 
     Pub L. No. 107-198, 116 Stat. 729 (June  28, 2002), the FCC is 
     engaged in a two-year  tracking process regarding the  size of 
     entities involved in forfeitures.   If you qualify as  a small 
     entity and if  you wish to  be treated  as a small  entity for 
     tracking purposes, please so certify to  us within thirty (30) 
     days of this NAL, either in  your response to the NAL  or in a 
     separate filing  to  be  sent  to the  Federal  Communications 
     Commission, Enforcement  Bureau,  Technical  &  Public  Safety 
     Division.  Your  certification  should  indicate whether  you, 
     including your parent entity and its subsidiaries, meet one of 
     the definitions set  forth in the  list provided by  the FCC's 
     Office of Communications Business Opportunities (``OCBO'') set 
     forth in Attachment  A of this  Notice of  Apparent Liability.  
     This information  will  be used  for  tracking purposes  only.  
     Your response or failure to respond to this question will have 
     no effect  on  your rights  and  responsibilities pursuant  to 
     Section 503(b) of  the Act.  If  you have  questions regarding 
     any of  the  information  contained  in Attachment  A,  please 
     contact OCBO at (202) 418-0990.




  16.     IT IS  FURTHER  ORDERED  THAT  this  NOTICE  OF  APPARENT 
     LIABILITY shall  be sent,  by certified  mail, return  receipt 
     requested, to PGA  Tour, 112 PGA  Tour Boulevard,  Ponte Vedra 
     Beach, Florida, 32082.



                                   FEDERAL COMMUNICATIONS 
COMMISSION




                              William R. Zears Jr.
                              District Director - San Diego Office 




Enc:  Attachment A


Attachment A

                                                       October 2002


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers

Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 C.F.R. 121.104 and 13 C.F.R.  121.106, respectively.

                  International Services
International Broadcast 
Stations
                                $12.5 Million in Annual 
                                    Receipts or Less






International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  1.903(a), 90.403(e) and 90.425(a).
2 47 U.S.C.  503(b).
3 47 U.S.C.  503(b).
4 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....'' See Southern California Broadcasting 
Co., 6 FCC Rcd 4387 (1991).  Section 312(f)(2) of the Act, 47 
U.S.C.  312(f)(2), which also applies to Section 503(b), provides: 
"[t]he term "repeated", when used with reference to the commission 
or omission of any act, means the commission or omission of such 
act more than once or, if such commission or omission is 
continuous, for more than one day.''
5 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).
6 47 U.S.C.  503(b)(2)(D).
7 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a), 
90.403(e), and 90.425(a).
8 See 47 C.F.R.  1.1914.