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

In the Matter of                   )
                                )       File No. EB-03-PA-003
Dominic DeNaples                )
WNKK817                         )       NAL/Acct.             No. 
Dunmore, Pennsylvania           )
                                )       FRN: 0008-27-4771


                                        Released: March 27, 2003

By the District Director, Philadelphia Office, Enforcement 

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Dominic DeNaples  has apparently  violated 
Sections 1.903(a) of the  Commission's Rules (the ``Rules'')1  by 
transmitting on an unauthorized frequency.  This section requires 
that a licensee operate its station in compliance with the  terms 
of the station authorization.  We conclude that Dominic  DeNaples 
is apparently  liable for  a  forfeiture in  the amount  of  four 
thousand dollars ($4,000). 

                         II.  BACKGROUND

     2.   On March 19, 2002, a  licensee, filed a complaint  with 
the Enforcement  Bureau's Philadelphia  Office alleging  that  an 
unidentified auto  parts dealer  was causing  harmful  co-channel 
interference to his radio communications on the frequency 154.515 
MHz.  While investigating the complaint  on January 14, 2003,  an 
FCC  Agent   with  the   Philadelphia  Office   monitored   radio 
communications on the frequency 154.515 MHz from persons who were 
apparently involved in the distribution of auto parts.

     3.   On January 14,  2003 between 2:30  p.m. and 3:15  p.m., 
the  agent  used   direction-finding  techniques  to   positively 
determine that  the  source of  the  radio transmissions  on  the 
frequency 154.515 MHz  was located  at DeNaples  Auto Parts,  400 
Mill Street, Dunmore, Pennsylvania  18512.  During an  inspection 
of  the  company's  radio  communications  equipment,  the  agent 
determined that DeNaples Auto Parts  operated a base station  and 
mobile radios on the frequency 154.515 MHz.  

     4.   Mr. Dominic DeNaples,  the owner of  the DeNaples  Auto 
Parts,  acknowledged  that   he  is  the   owner  of  the   radio 
communications equipment and responsible  for its operation.   He 
provided the FCC  agent with a  copy of the  license for  station 
WNKK817 as evidence that he  was authorized to operate the  radio 
communication  equipment.   However,  the  license  for   station 
WNKK817  only   authorized   Mr.  DeNaples   to   operate   radio 
communications equipment  on  the frequencies  452.1750  MHz  and 
457.1750 MHz  at 400  Mill  Street, Dunmore,  Pennsylvania.   The 
Commission has no record that the Dominic DeNaples was authorized 
to operate any  radio communications equipment  on the  frequency 
154.515 MHz.

                        III.  DISCUSSION

     5.   Section 1.903(a) of the Rules requires that stations in 
the Wireless  Radio Service  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.  On  January 
14,  2003,   Dominic  DeNaples   operated  radio   communications 
equipment on the unauthorized frequency 154.515 MHz, in violation 
of Section 1.903(a) of the Rules.
     6.   Based on the evidence before  us, we find that  Dominic 
DeNaples willfully2 violated Sections 1.903(a) of the Rules.  The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to  Incorporated the Forfeiture Guidelines,  12 
FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd  303(1999) 
(``Forfeiture Policy Statement''),3 sets the base forfeiture  for 
operating on an unauthorized  frequency at four thousand  dollars 
($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 1934,4 (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 four thousand dollar ($4,000) forfeiture is warranted.  

                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act5, and Sections  0.111, 0.311 and  1.80 of  the 
Rules6, Dominic  DeNaples  is  hereby NOTIFIED  of  its  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of four thousand dollars 
($4,000) for  operating  radio  communications  equipment  on  an 
unauthorized frequency, in violation  of Section 1.903(a) of  the 

     8.   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, Dominic DeNaples SHALL PAY the full amount 
of the  proposed forfeiture  or SHALL  FILE a  written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     9.   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 must  include 
the FCC Registration Number  (FRN) 0008-27-4771, and should  note 
the NAL/Acct. No. 200332400009.

     10.  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. 200332400009 and  FRN: 

     11.  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 

     12.  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. 20554.7 

     13.  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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to  Dominic  DeNaples,   400  Mill  Street,   Dunmore, 
Pennsylvania 18512. 

                              FEDERAL COMMUNICATIONS COMMISSION

                              John E. Rahtes
                              District Director
                              Philadelphia Office

Attachment A: Condensed List of Small Entities

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

2 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).

3 47 C.F.R.  1.80.

4 47 U.S.C  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.