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

In the Matter of                 )
                                 )
L F Driscoll Company             )        File Number EB-04-PA-079
                                 )
Licensee of Station WPFM499      )       NAL/Acct. No.200532400002
                                 )
Philadelphia, Pennsylvania       )                FRN 0007-93-6800



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  March 11, 
                                                             2005

By the District Director, Philadelphia Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that L F Driscoll Company (``Driscoll''), 
 licensee of Land Mobile Radio Station WPFM499, apparently 
 willfully and repeatedly violated Section 1.903(a) of the 
 Commission's Rules ("Rules")1 by operating radio transmitting 
 equipment on unauthorized frequencies.  We conclude, pursuant 
 to Section 503(b) of the Communications Act of 1934, as amended 
 ("Act"),2 that Driscoll is apparently liable for a forfeiture 
 in the amount of eight thousand dollars ($8,000).

II.  BACKGROUND

      2.  On April 22, 2004, an agent with the FCC Enforcement 
 Bureau's Philadelphia Office detected an unidentified repeater 
 station transmitting on the frequency 462.625 MHz.  Using an 
 FCC mobile direction finding vehicle, the agent determined that 
 the source of the transmissions was located at the Children's 
 Hospital of Philadelphia (``Children's Hospital'').  The agent 
 conducted an inspection at Children's Hospital and found that 
 Driscoll was the owner and operator of the repeater station 
 operating on 462.625 MHz .  The agent also determined that the 
 mobile units that activated the repeater were operating on 
 467.625 MHz.  Driscoll's license for station WPFM499 does not 
 authorize it to operate a repeater station at Children's 
 Hospital on the frequency 463.750 MHz or mobile units on the 
 frequency 467.625 MHz. 

      3.  On April 26, 2004, the Philadelphia Office sent a 
 letter of inquiry (``LOI'') to Driscoll requesting information 
 about Driscoll's radio transmitting equipment at Children's 
 Hospital.  In a response letter dated May 10, 2004, Driscoll 
 admitted that it was not authorized to operate the repeater 
 station on the frequency 462.625 MHz or the mobile units on 
 467.625 MHz.  Driscoll also admitted that it had been operating 
 the repeater station and mobile units on those frequencies at 
 Children's Hospital for approximately ten years.  Driscoll 
 stated that the unauthorized frequencies were programmed into 
 the repeater and mobile units by its prior radio vendor.

III.      DISCUSSION

      4.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) of the Act has been interpreted to 
 mean simply that the acts or omissions are committed 
 knowingly.3  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.4 

      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 April 22, 2004, an FCC agent determined that 
 Driscoll operated a repeater station on the frequency 462.625 
 MHz and mobile units on the frequency 467.625 MHz at Children's 
 Hospital without a valid Commission authorization.  In its 
 response to the LOI, Driscoll admitted that it did not have a 
 license to operate the repeater station on 462.625 MHz or the 
 mobile units on 467.625 MHz.  Driscoll also admitted that it 
 had been operating on those frequencies for approximately ten 
 years.  Accordingly, based on the evidence before us, we find 
 that Driscoll apparently willfully and repeatedly violated 
 Section 1.903(a) of the Rules by operating radio transmitting 
 equipment without authorization on the frequencies 462.625 MHz 
 and 467.625 MHz.5  

      6.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for using an unauthorized frequency is $4,000.6  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 Act, which include the nature, 
 circumstances, extent, and gravity of the violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.7  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, an eight 
 thousand dollar ($8,000) forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      7.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311 and 1.80 of the Commission's Rules, L F 
 Driscoll Company is hereby NOTIFIED of this APPARENT LIABILITY 
 FOR A FORFEITURE in the amount of eight thousand dollars 
 ($8,000) for violations of Section 1.903(a) of the Rules.8

      8.  IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
 the Commission's Rules, within thirty (30) days of the release 
 date of this Notice of Apparent Liability for Forfeiture, L F 
 Driscoll Company 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 must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.

      10.      The response, if any, must be mailed to Federal 
 Communications Commission, Philadelphia Office, Enforcement 
 Bureau, Northeast Region, One Oxford Valley Building, Suite 
 404, 2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 
 within thirty (30) days from the release date of this Notice of 
 Apparent Liability for Forfeiture and must include the 
 NAL/Acct. No. referenced in the caption.  

      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 submitted.  

      12.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      13.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to L F 
 Driscoll Company at its address of record.  


                              FEDERAL COMMUNICATIONS COMMISSION




                              John E. Rahtes
                              District Director
                              Philadelphia Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  1.903(a). 
247 U.S.C.  503(b).  
3Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.'' 
5We note that Driscoll, as a licensee in the Private Land  Mobile 
Service, is  responsible for  ensuring that  it is  operating  on 
authorized frequencies.  The fact that Driscoll's previous  radio 
vendor  programmed  the  repeater   and  mobile  units  with   an 
unauthorized  frequency  does  not  affect  Driscoll's   apparent 
liability at issue here.
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
747 U.S.C.  503(b)(2)(D).
8See 47 C.F.R.  1.1914.
8See 47 C.F.R.  1.1914.