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


In the Matter of                )
                                )       File No. EB-03-NY-128
Forest Electric Corporation     )
WPWD334                         )       NAL/Acct. No. 
200432380003
Edison, NJ                      )
                                )       FRN: 0007 3992 31


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   December  29, 
2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that  Forest Electric Corporation  (``Forest''), 
apparently violated Section  1.903(a) of  the Commission's  Rules 
(the  ``Rules''),1  by  operating  a  repeater  station  on   the 
unauthorized frequency of 473.175  MHz.  We conclude that  Forest 
is apparently  liable for  a  forfeiture in  the amount  of  four 
thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   Beginning in  May  2003,  Commission  agents  monitored 
discrete frequencies between 473 and 479 MHz, in connection  with 
an assignment to determine  frequency usage on those  frequencies 
in the New  York City area.  Continuous transmissions on  473.175 
MHz were observed on monitoring equipment at the New York Office.  
A check of  Commission's records showed  that this frequency  was 
assigned to the Jersey City  Police Department, Jersey City,  NJ.  
Further, the station utilizing the frequency 473.175 MHz did  not 
provide station identification, indicating that the transmissions 
may be unauthorized. 

     3.   On June 17,  2003, a Commission  agent, using a  mobile 
direction finding vehicle, monitored the frequency 473.175 MHz in 
Jersey City,  NJ, and  positively determined  that  transmissions 
were coming from  a fixed station  at a construction  site on  30 
Hudson Street in Jersey City, NJ.  The agent spoke to the project 
superintendent of  Turner  Construction Company,  concerning  the 
unauthorized operation on a frequency assigned to a public safety 
entity, and was advised that the transmissions may be coming from 
a subcontractor using their own radio equipment. 

     4.   On June  23, 2003,  Commission agents,  using a  mobile 
direction finding vehicle, again monitored the frequency  473.175 
MHz in  Jersey City,  NJ, and  positively located  the source  of 
transmissions to  an antenna  located on  a trailer  operated  by 
Forest, at  a construction  site on  30 Hudson  Street in  Jersey 
City,  NJ.   The  agents  conducted  a  station  inspection  with 
Forest's foreman Dan Gumble, and observed the transmitter in use, 
a Vertex Standard,  VXR-7000, which  is rated at  50 Watts.   The 
agents advised Mr.  Gumble that Forest  was operating a  repeater 
station on an unauthorized frequency  of 473.175 MHz.  There  was 
no evidence of a Commission authorization for Forest to operate a 
repeater station on 473.175 MHz in Jersey City, NJ.

                        III.  DISCUSSION
 
     5.   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.''  A  review 
of Commission's records showed  that Forest Electric  Corporation 
was granted authority under its license, WPWD334, to operate  one 
repeater station on  a frequency  of 463.250 MHz,  and 40  mobile 
units on  a  frequency  of  468.250  MHz.   Agents  observed  the 
repeater station operating on 473.175 MHz. 

     6.   Based on the  evidence before us,  we find that  Forest 
operated  radio   transmission  equipment   on  an   unauthorized 
frequency of  473.173  MHz on  June  17  and June  23,  2003,  in 
willful2 and  repeated3  violation  of Section  1.903(a)  of  the 
Rules.

     7.   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  for  using  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,  as amended,5  (``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.   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) 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 
Rules,7  Forest is  hereby NOTIFIED of  their APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of four thousand dollars  ($4,000) 
for willfully and  repeatedly violating Section  1.903(a) of  the 
Rules.

     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, Forest  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. 200432380003 and FRN: 0007 3992 31.

     11. Any  response to  this  NAL 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. 200432380003.

     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  Receivable  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 Spectrum Enforcement  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  Forest  Electric Corporation,  160  Raritan  Center 
Parkway, Suite 18, Edison, NJ 08837.


                             FEDERAL COMMUNICATIONS COMMISSION




                             Daniel W. Noel
                             District Director
                             New York Office


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

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).

3Section 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.
 
447 C.F.R.  1.80.
5
47 U.S.C.  503(b)(2)(D).

647 U.S.C.  503(b).

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.