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

                                )
In the Matter of                   )         File No. EB-02-PA-
280
                                )
Statcom Communications Corporation      )         NAL/Acct.   No. 
200332400007
                                )
Staten Island, New York         )       FRN: 0005-1410-72
                                )          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: January 27, 
               2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  that  Statcom  Communications   Corporation 
("Statcom") has  apparently  violated  Section  1.903(a)  of  the 
Commission's Rules (the ``Rules'').1  This violation occurred  as 
a result of Statcom's operation  of two trunked radio systems  at 
the  unauthorized  location  of  700  Victory  Boulevard,  Staten 
Island,  New  York  and  its  operation  of  radio   transmitting 
equipment on the unauthorized frequency 462.075 MHz.  We conclude 
that Statcom is apparently liable for a forfeiture in the  amount 
of twelve thousand dollars ($12,000). 

                         II.  BACKGROUND

     2.   On July  30,  2002,  the  Enforcement  Bureau  received 
information that Statcom was operating a trunked radio system  at 
the  unauthorized  location  of  700  Victory  Boulevard,  Staten 
Island, New  York  (``Parkview  House'').  FCC  agents  with  the 
Philadelphia  Office   and   New   York   Office   conducted   an 
investigation and found that on July  30, 2002 and July 31,  2002 
Statcom operated a single trunked radio system on the frequencies 
477.8125 MHz, 462.450  MHz, 461.450 MHz,  478.0875 MHz,  472.5125 
MHz, 461.825  MHz,  462.025 MHz,  461.775  MHz, 461.475  MHz  and 
462.075 MHz at the Parkview House.   

     3.   At  the  time   of  the   investigation,  Statcom   was 
authorized to  operate a  trunked radio  system at  10  Highpoint 
Road, Staten Island,  New York on  the frequencies 477.8125  MHz, 
462.450 MHz, 461.450 MHz, 478.0875 MHz, 472.5125 MHz, and 461.825 
MHz.2  It was also authorized  to operate a trunked radio  system 
at 631 Howard Avenue, Staten Island, New York on the  frequencies 
462.025 MHz,  461.775 MHz  and 461.475  MHz under  the call  sign 
WPUD412.  At  the  time of  the  investigation, Statcom  was  not 
authorized to  operate any  radio transmitting  equipment on  any 
frequency at the Parkview House.  At the time of the  inspection, 
Statcom  did  not  have   authorization  to  operate  any   radio 
transmitting equipment  on  the  frequency  462.075  MHz  at  any 
location.

     4.   During an  interview  on  July  31,  2002,  Mr.  Howard 
Miller, the President  of Statcom, informed  the FCC agents  that 
Statcom recently  relocated its  trunked  radio systems  from  10 
Highpoint Road, Staten  Island, New York  and 631 Howard  Avenue, 
Staten Island New York.  Statcom installed the two trunked  radio 
systems at the  Parkview House  and combined them  into a  single 
trunked radio  system.   Mr.  Miller  acknowledged  that  Statcom 
relocated these stations  prior to  obtaining authorization  from 
the Commission. He  did not  address Statcom's  operation on  the 
unauthorized frequency 462.075 MHz.

     5.   On August  5, 2002,  the Philadelphia  Office issued  a 
Notice of Violation  to Statcom for  operating two trunked  radio 
systems at the  unauthorized location of  700 Victory  Boulevard, 
Staten Island,  New York  and  for operating  radio  transmitting 
equipment on the unauthorized frequency 462.075 MHz, in violation 
of Section 1.903(a)  of the  Rules.  By letter  dated August  19, 
2002, Statcom submitted  a response to  the Notice of  Violation.  
In the response, Statcom stated that it installed a trunked radio 
system at the Parkview House because its 22-channel trunked radio 
system at the World Trade Center was destroyed when the  building 
collapsed on September  11, 2001.   It acknowledged  that it  did 
overlook modifying the  licenses for  the Parkview  House in  its 
haste to provide adequate interference-free communications to its 
customers.   It  noted  that  it   has  taken  steps  to   obtain 
authorization by filing license applications with the FCC for all 
the frequencies it intends  to use at the  Parkview House and  by 
filing a request for Special Temporary Authority. 

                        III.  DISCUSSION

     6.   Section 1.903(a) of the Rules requires that stations in 
the Wireless Radio  Services must  be used and  operated only  in 
accordance with the rules applicable to their particular  service 
as set forth in this title and with a valid authorization granted 
by the Commission under the provisions of this part.  Statcom was 
authorized to  operate  separate  trunked  radio  systems  at  10 
Highpoint Road, Staten  Island, New York  and 631 Howard  Avenue, 
Staten Island,  New York.   Statcom relocated  these two  trunked 
radio  systems  to   the  Parkview  House   prior  to   obtaining 
authorization from the Commission.  On July 30, 2002 and July 31, 
2002, Statcom operated  these two  trunked radio  systems at  the 
Parkview House.  Furthermore, on July 30, 2002 and July 31, 2002, 
Statcom operated  radio  transmission  equipment  system  at  the 
Parkview House on the unauthorized frequency 462.075 MHz. 

     7.   In its  response to  the Notice  of Violation,  Statcom 
explained that it  was severely  impacted on  September 11,  2001 
when its  22-channel  trunked radio  system  at the  World  Trade 
Center was destroyed.  Statcom  detailed how it installed  radio-
transmitting  equipment  at   alternative  sites  including   the 
Parkview House  to provide  adequate  coverage for  its  affected 
customers.   However,  the   Enforcement  Bureau  conducted   its 
inspection almost a year after  September 11, 2001.  Statcom  had 
sufficient  time  to  submit  appropriate  applications  to   the 
Commission  for  any   changes  that   it  made   to  its   radio 
communications systems.  None of the stations that the FCC agents 
inspected at the Parkview House  were ever authorized to  operate 
from the World  Trade Center.   In fact, Mr.  Miller stated  that 
Statcom had relocated the stations that were once licensed at the 
World Trade Center  to 1  Chrysler Building, New  York City,  New 
York after September 11, 2001. 

     8.   In response to a further inquiry from the  Philadelphia 
Office, Statcom  stated  that operation  on  462.075 MHz  at  the 
Parkview House was  covered by an  agreement with Frequency  Plus 
Corp., the  licensee  of  the equipment.   Frequency  Plus  Corp. 
stated in response to a follow-up letter to them that Statcom was 
not authorized to  relocate their transmitter  from the  licensed 
location of Todt Hill in Staten Island, New York.

     9.   Based on the evidence before  us, we find that  Statcom 
willfully3 and  repeatedly4  violated  Section  1.903(a)  of  the 
Rules.   The   Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement''),5 
sets the  base  forfeiture amount  for  operation of  each  radio 
system at an unauthorized location at $4,000 and for operation on 
an unauthorized frequency  at $4,000. In  assessing the  monetary 
forfeiture amount,  we  must  take  into  account  the  statutory 
factors set forth in  Section 503(b)(2)(D) of the  Communications 
Act of  1934,6  (the  ``Act''), as  amended,  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.  Applying the Forfeiture Policy Statement 
and the statutory factors  to the instant  case and applying  the 
inflation adjustments, we believe  that a twelve thousand  dollar 
($12,000) monetary forfeiture is warranted. 

                      IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Statcom is hereby NOTIFIED of its APPARENT LIABILITY  FOR 
A FORFEITURE in the amount  of twelve thousand dollars  ($12,000) 
for its operation of two trunked radio systems at an unauthorized 
location and its operation of radio transmitting equipment on  an 
unauthorized frequency.   

     11.  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, Statcom SHALL  PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     12.  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. 200332400007 and FRN: 0005-1410-72.

     13.  The  response,  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.  20033240007 and  FRN: 
0005-1410-72. 

     14.  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.

     15.  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. 20554.9

     16.  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  and 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.
 
     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to Statcom  Communications Corporation,  1324 
Forest Avenue, Staten Island, New York 10302.  


                                   FEDERAL         COMMUNICATIONS 
COMMISSION



                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office

Attachment A: Condensed List of Small Agencies
_________________________

1 47 C.F.R.  1.903(a).

2 Statcom is authorized to operate stations WIL718 (477.8125 
MHz), WPPH856 (462.450 MHz), KNEW768 (461.450 MHz), WIL766 
(478.0875 MHz and 472.5125 MHz) and WNIH640 (461.825 MHz) at 10 
Highpoint Road, Staten Island, New York in a trunked radio system 
configuration.    
3 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).

4   Section  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 47 C.F.R.  1.80.

6 47 U.S.C  503(b)(2)(D).

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

8 47 C.F.R.  0.111 and 0.311.
9 See 47 C.F.R.  1.1914.