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 No. EB-03-CF-205
Jeff Amedro                     )
Dba Cell Page                   )       NAL/Acct.             No. 
200332340006
Morgantown, WV                  )       
                                )       FRN 0009-5345-61


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
5, 2003

By the District Director, Columbia Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that  Mr. Jeff Amedro,  doing business as  (dba) 
Cell  Page   has  apparently   violated   Section  301   of   the 
Communications Act of 1934 (Act)1, as amended by operating  radio 
transmitting equipment on  157.740 MHz without  an instrument  of 
authorization.  We conclude that  Cell Page is apparently  liable 
for a forfeiture in the amount of ten thousand dollars ($10,000).

                           II.  BACKGROUND

     2.   In February  2003,  the FCC  Columbia  Office  received 
information  from  an  FCC  licensed  user  that  Cell  Page  was 
operating an unlicensed  paging system on  the frequency  157.740 
MHz in Morgantown and Clarksburg, WV.

     3.   On March 20,  2003, an agent  from the Columbia  Office 
traveled to  Clarksburg,  WV  to  monitor  transmissions  on  the 
frequency  157.740  MHz.   Using  electronic  direction   finding 
techniques, the agent located paging transmissions emanating from 
a site northeast  of Clarksburg, WV.   The agent determined  that 
the paging transmissions were from a Cell Page owned transmitter.

     4.   Still on March 20, 2003,  the agent visited the  office 
of Cell Page in Morgantown, WV.  During the visit, the owner, Mr. 
Jeff Amedro, produced a license  issued to Home Security of  West 
Virginia, Inc., which  had expired in  December 2000.  Mr  Amedro 
admitted that  Cell  Page did  not  have a  valid  instrument  of 
authorization for  the  operation  on  157.740  MHz.   The  agent 
advised Mr. Amedro  that operation  without a  valid FCC  station 
license violated the Act.

     5.   On April 11, 2003, the agent traveled to Morgantown, WV 
and monitored  the frequency  157.740  MHz.  Again,  he  observed 
transmissions by Cell Page on the frequency between 11:23 AM  and 
11:25 AM.  Further  monitoring on August  14, 2003 revealed  that 
Cell Page was still operating without authorization.

                        III.  DISCUSSION

     6.   Section 301 of  the Act  sets forth  generally that  no 
person shall use or operate any apparatus for the transmission of 
energy or communications  or signals by  radio within the  United 
States except under  and in accordance  with the Act  and with  a 
license granted under  the provisions  of the Act.   A review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission authorization  to  operate  this  transmitter  on  the 
frequency 157.740 MHz from Morgantown and Clarksburg, WV.

     7.   Based on the evidence before us, we find that Cell Page 
willfully2 and repeatedly3 violated Section 301 of the Act.   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'')4,  sets  the  base  forfeiture 
amount  at  $10,000  for  operation  without  an  instrument   of 
authorization.  In assessing the  monetary forfeiture amount,  we 
must take into account the statutory factors set forth in Section 
503(b)(2)(D)   of   the   Act,5   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 Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we  believe that  a  ten thousand  dollar  ($10,000) 
monetary forfeiture is warranted.  

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules (``Rules'')7 Cell  Page is hereby NOTIFIED  of 
this APPARENT LIABILITY  FOR A  FORFEITURE in the  amount of  ten 
thousand dollars ($10,000) for willfully and repeatedly violating 
Section 301 of the Act. 

     9.   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, Cell Page SHALL PAY the full amount of the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     10.  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. 200332340006, and FRN  0009-5345-61. 

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332340006. 

     12.  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.

     13.  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. 20554.8

     14.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Cell  Page, 440 Spruce Street,  Morgantown, 
WV 26505.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Charles C. Magin
                                District Director
                                Columbia Office

Attachment A - FCC List of Small Entities, October 2002
_________________________

1 47 U.S.C.  301.
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 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).

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

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

7 47 C.F.R.  0.111 and 0.311.

8 See 47 C.F.R.  1.1914.