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

In the Matter of                 )
                                 )
Universal Network Television,    )           File No. EB-04-NY-050
LLC                              )
Universal City, CA               )      NAL/Acct. No. 200532380001
                                 )
                                 )             FRN:  00010 6623 51


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                               Released:  October 
                                                         18, 2004

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

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Universal Network Television, LLC 
 (``Universal'') has apparently willfully and repeatedly 
 violated Section 301 of the  Communications Act of 1934, as 
 amended ("Act"),1 by operating unlicensed radio transmitting 
 equipment on the frequency 465.63125 MHz.  We conclude, 
 pursuant to Section 503(b) of the Act2, that Universal is 
 apparently liable for a forfeiture in the amount of ten 
 thousand dollars ($10,000).

II.  BACKGROUND

      2.  On March 22, 2004, the  FCC New York Office received  a 
 complaint of interference from  a licensee in the Public  Safety 
 Radio  Pool  operating  on  the  frequency  465.6250  MHz.   The 
 complaint identified Universal,  located at Pier  62, West  23rd 
 Street and  12th  Avenue, New  York,  NY, 10011,  as  the  party 
 causing  the   interference  by  operation   on  the   frequency 
 465.63125 MHz.   The complaint  also stated  that Universal  was 
 notified  of  the   interference  caused  by  their   unlicensed 
 operation on the frequency 465.63125 MHz. 

On March 23, 2004, a Commission agent, using a mobile  direction-
finding vehicle  monitored the  frequency  465.63125 MHz  in  New 
York, NY and positively located  the source of the  transmissions 
to the area  at Pier 62,  West 23rd Street  and 12th Avenue,  New 
York, NY 10011.   The agent observed  transmissions from  several 
portable transceivers used by a television production crew.     A 
review of FCC databases revealed  that operation by Universal  on 
frequency 465.63125 in New  York, NY, was  not authorized by  the 
FCC. 

      3.  On March  24,  2004, Commission  agents  monitored  the 
 frequency   465.63125  MHz   in   New  York,   NY,   and   heard 
 transmissions  of a  television  production  crew.   The  agents 
 returned  to Universal,  Pier  62,  West 23rd  Street  and  12th 
 Avenue, New York, NY 10011,  and conducted an inspection of  the 
 radio equipment  with  Assistant Production  Coordinator  Joseph 
 Gonzalez.   The  agents   determined  that  Universal   operated 
 Motorola P1225  UHF portable  radio transceivers,  rated at  4.4 
 watts, on the frequency  465.63125 MHz.  The agents advised  Mr. 
 Gonzalez that  operation on  that frequency  requires a  license 
 and that, based  on the agent's review  of FCC databases,  there 
 is no evidence of a Commission authorization for this  operation 
 in New York, NY  and therefore Universal was operating  portable 
 radio transmission equipment without a FCC license.  

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 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 the FCC's records showed that there was no evidence 
 of a Commission authorization to operate this station on the 
 frequency 465.63125 MHz in New York, NY.  

      6.  Based on the evidence before us, we find that Universal 
 willfully and repeatedly violated Section 301 of the Act by 
 operating radio transmission equipment on 465.63125 MHz on 
 March 23, 2004 and March 24, 2004 without a Commission 
 authorization.  

      7.  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 operation without an instrument of authorization is 
 $10,000.5  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.6  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, a $10,000 
 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      8.  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, 
 Universal Network Television, LLC is hereby NOTIFIED of this 
 APPARENT LIABILITY FOR A FORFEITURE in the amount of ten 
 thousand dollars ($10,000) for violations of Section 301 of the 
 Act.7

      9.  IT IS FURTHER ORDERED that, pursuant to Section 1.80 of 
 the Commission's Rules, within thirty days of the release date 
 of this Notice of Apparent Liability for Forfeiture, Universal 
 Network Television, LLC 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 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.

      11.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, 201 Varick Street, Suite 1151, New York, NY 10014 and 
 must include the NAL/Acct. No. referenced in the caption.  

      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 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

      14.      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 Universal 
 Network Television, LLC, 100 Universal City, Building 4250, 
 Universal City, CA 91608.

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Daniel W. Noel
                              District Director
                              New York Office
                              Northeast Region
                              Enforcement Bureau



_________________________

147 U.S.C.  301.  
247 U.S.C.  503(b).
3 Section 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).
4 Section 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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
747 C.F.R.  0.111, 0.311.
8See 47 C.F.R.  1.1914.