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                   )     File Number EB-02-MA-023
                                                            )
Air Paging Inc.                    )    NAL/Acct. No.200332600001
Licensee of Radio Station WPPB501  )
North Miami Beach, Florida         )             FRN 0003-7891-04
                                  )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released: March 18, 2003

By the Enforcement Bureau, Miami Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  Air Paging  Inc., licensee  of Radio  Station 
WPPB501, apparently liable for a forfeiture in the amount of nine 
thousand dollars ($9,000) for  willful and repeated violation  of 
Sections 1.903(a), 90.403(f), and  90.425(a) of the  Commission's 
Rules  (``Rules'').1   Specifically,  we  find  Air  Paging  Inc. 
apparently liable  for  failing  to operate  its  Wireless  Radio 
Station in accordance with the rules applicable to that  service, 
continuously radiating  an unmodulated  carrier, and  failing  to 
identify its station by the assigned callsign.

                         II.  BACKGROUND

     2.   Air Paging  Inc.  is  the licensee  of  Wireless  Radio 
Station WPPB501.   This  license  authorizes  Air  Paging  Inc.'s 
operation on the frequency 467.875 MHz, among others, in the Dade 
County, Florida area.  Any  station authorized on this  frequency 
is licensed as a mobile station.2   However, any units of such  a 
station may provide the operational functions of a base or  fixed 
station on  a  secondary  basis  to  mobile  service  operations, 
provided that the control point  and the center of the  radiating 
portion of  the antenna  of  any such  units  does not  exceed  8 
meters.3

     3.   On March 25 and August 5, 2002, the Commission's  Miami 
Resident Agent Office (``Miami  Office'') received complaints  of 
unauthorized operation of station WPPB501, licensed to Air Paging 
Inc., on the frequency 467.875 MHz.

     4.   On August 6, 2002, from about 12:30 P.M. to 2:30  P.M., 
an agent of the Miami Office monitored the frequency 467.875 MHz.  
The agent observed a radio signal on that frequency  transmitting 
the call sign ``KNNF675'' in Morse code.  The signal  transmitted 
continuously, even when  no modulation  was present.   Commission 
records showed that call sign KNNF675 was licensed to Air  Paging 
Communication Corp. in  Pembroke Pines,  Florida, and  authorized 
operation on the frequency 929.0875  MHz at several locations  in 
south Florida.

     5.   On August 8, 2002, from about 12:30 P.M. to 1:00  P.M., 
and on August  12, 2002,  from about  11:13 A.M.  to 12:00  P.M., 
agents of the Miami Office and Tampa Field Office again monitored 
the frequency 467.875 MHz and  again, on both days, observed  the 
radio signal transmitting the call sign ``KNNF675.''  The station 
on  that  frequency  transmitted   continuously,  even  when   no 
modulation was present.   Using direction  finding equipment  and 
techniques, the agents determined the source of the signal to  be 
an antenna mounted  on a  commercial radio  tower at  350 NW  215 
Street, Miami, Florida.

     6.   Still on August 12, 2002, an agent of the Miami  Office 
interviewed Mr.  Juan  Carlos  Median, President  of  Air  Paging 
Communication Corp.   Mr. Medina  stated that  Air Paging  Inc.'s 
transmitter and antenna for the station operating on 467.875  MHz 
were installed at the 1000-foot level of the radio tower  located 
at 350 NW 215 Street, Miami, Florida, and that Air Paging  Inc.'s 
office was located at 10757 NW 23 Street, Miami, Florida.

                        III.  DISCUSSION

     7.   Section 1.903(a) of the Rules requires stations in  the 
Wireless Services  be  operated  in  accordance  with  the  rules 
applicable to their particular service.  Section 90.35(b) of  the 
Rules lists the available frequencies in the  Industrial/Business 
Pool which include the frequency 467.875 MHz on which Air  Paging 
Inc. operated.   Section  90.35(c)(11)  of  the  Rules  specifies 
limitations on the use  of that frequency,  inter alia, that  any 
unit may provide  the operational  functions of a  base of  fixed 
station on a  secondary basis to  mobile communications  provided 
that the separation between the  control point and the center  of 
the radiating portion of the antenna does not exceed 8 meters (25 
feet).  Air Paging Inc.'s station operated as a base station at a 
fixed location at  350 NW  215 Street, Miami,  Florida, with  its 
antenna mounted at the 1000-foot level of a communications tower.  
No control point was located within  the required 25 feet of  the 
antenna.

     8.   Section 90.403(f) of the Rules prohibits the continuous 
radiation of  an unmodulated  carrier.  On  August 6,  8 and  12, 
2002, Air  Paging Inc.'s  radio  station at  350 NW  215  Street, 
Miami, Florida, operating on  frequency 467.875 MHz,  transmitted 
an unmodulated carrier for extended periods of time.

     9.   Section 90.425(a) requires  each station  or system  to 
identify by the  transmission of  the assigned  call sign  during 
each transmission or exchange of  transmissions, or once each  15 
minutes during periods of continuous  operation.  On August 6,  8 
and 12,  2002, Air  Paging Inc.'s  radio station  at 350  NW  215 
Street, Miami,  Florida,  operating  on  frequency  467.875  MHz, 
transmitted the  callsign  KNNF675,  a  callsign  assigned  to  a 
station on  a different  frequency, and  failed to  transmit  the 
assigned callsign WPPB501.

     10.  Based on the  evidence before  us, we  find Air  Paging 
Inc.  willfully4  and  repeatedly5  violated  Sections  1.903(a), 
90.403(f), and 90.425(a) of the  Rules by failing to operate  its 
Wireless Radio Station in accordance with the rules applicable to 
that service, continuously radiating an unmodulated carrier,  and 
failing to identify its station by the assigned callsign.

     11.  Pursuant to Section 1.80(b)(4) of the Rules,6 the  base 
forfeiture amount  is $4,000  for  operation at  an  unauthorized 
location, $4,000  for  unauthorized  emissions,  and  $1,000  for 
failure to  provide  station identification.   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 (``Act''), which  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.7   Considering the  entire  record  and 
applying the factors  listed above, this  case warrants a  $9,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     12.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,8 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,9 Air  Paging  Inc. is  hereby  NOTIFIED of  this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of nine thousand dollars 
($9,000) for willful and repeated violation of Sections 1.903(a), 
90.403(f), and 90.425(a) of the  Rules by failing to operate  its 
Wireless Radio Station in accordance with the rules applicable to 
that service, continuously radiating an unmodulated carrier,  and 
failing to identify its station by the assigned callsign.

     13.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Air Paging  Inc.  SHALL  PAY  the full  amount  of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     14.  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. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.10

     15.  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. referenced above.  

     16.  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.

     17.  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  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  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     18.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Air Paging Inc., 469 NE 167 Street, North Miami Beach, Florida 
33162.   An additional  copy shall  be sent by  regular mail  and 
Certified Mail Return Receipt Requested to Dave's Communications, 
Inc. & Gabriel Wireless, LLC, Kenneth E. Hardman, Moir & Hardman, 
1015 - 18th Street, NW, Suite 800, Washington, D.C. 20036-5204.

     19.  IT IS FURTHER ORDERED that the Petition for  Imposition 
of Sanctions filed  by Dave's Communications,  Inc. on March  12, 
2002, IS GRANTED to the extent set forth herein and IS  OTHERWISE 
DENIED, and that proceeding IS HEREBY TERMINATED.11


                         FEDERAL COMMUNICATIONS COMMISSION



                         Rodolfo Pomier
                         Miami Resident Agent Office, Enforcement 
Bureau


Attachment
_________________________

1 47 C.F.R.  1.903(a), 90.403(f), and 90.425(a).

2 See 47 C.F.R.  90.35(b) and 90.35(c)(11).

3 Id.

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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 4387-88 (1991).

5 The 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.''  47 U.S.C.  
312(f)(2).

6 47 C.F.R.  1.80(b)(4).

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

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

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.

11 For purposes of the forfeiture proceeding initiated by this 
NAL, Air Paging Inc. shall be the only party to the proceeding.