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                1.                     Before the
          2.          Federal Communications Commission
             3.               Washington, D.C. 20554


In the Matter of                   ) File Number EB-05-NF-001
                                                             )
Pembroke Square Associates         ) NAL/Acct. No.200532640002
Owner  of  Two-Way  Radio  System, )
Pembroke Mall                      ) FRN 0002031011
Virginia Beach, VA                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: March 16, 2005

By the Resident Agent,  Norfolk Resident Agent Office, South 
Central Region, Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Pembroke Square Associates 
(``Pembroke''), apparently liable for a forfeiture in the 
amount of ten thousand dollars ($10,000) for willful and 
repeated violation of Section 301 of the Communications Act 
of 1934, as amended (``Act'').1  Specifically, we find 
Pembroke apparently liable for operating a radio transmitter 
without a license.  

II.  BACKGROUND

     2.   On January 3, 2005, Commission headquarters 
forwarded a complaint to the Commission's Norfolk Resident 
Agent Office of the Enforcement Bureau (``Norfolk Office'') 
regarding unlicensed operation in the General Mobile Radio 
Service (``GMRS'') by housekeeping personnel in the Pembroke 
Mall in Virginia Beach, Virginia.

     3.   On January 12 and 13, 2005, a Commission agent 
from the Norfolk Office monitored and visually observed 
Pembroke Mall housekeeping personnel transmitting on GMRS 
frequency 462.625 MHz, using handheld two-way radio 
transmitters.

     4.   On January 13, 2005, a Commission agent conducted 
an inspection to determine the license status of the 
transmitters operating on the GMRS frequency in the Pembroke 
Mall.  Pembroke authorities admitted operation of the two-
way radio transmitters on 462.625 MHz.  Pembroke provided 
the agent with Private Land Mobile Radio (PLMR) station 
license KB77434 and a Notice of Cancellation that cancelled 
station license KB77434 on June 10, 2004.  Pembroke claimed 
to have received oral authorization from the Commission's 
Wireless Telecommunications Bureau staff to continue 
operation after cancellation of its license.  Station 
license KB77434, however, did not include 462.625 MHz, the 
GMRS frequency upon which the agent observed Pembroke 
operating.     

     5.   On January 14, 2005, the Commission's database 
contained no record of any authorization that permitted 
Pembroke to transmit on 462.626 MHz.  On February 2, 2005, 
Wireless Telecommunications Bureau staff confirmed that 
Pembroke had not received oral authorization to continue 
operating under station license KB77434 after its 
cancellation.2

III.  DISCUSSION
        
     6.   Section 301 of the Act states 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.3  On January 12 and 13, 2005, a Commission agent 
monitored and visually observed Pembroke's personnel 
operating radio transmitters on the GMRS frequency 462.625 
MHz.  Pembroke admitted operation of the transmitters and 
provided the agent with station license KB77434 as its 
authority to operate the transmitters.  Station license 
KB77434, a PLMR license, did not include the GMRS frequency 
462.625 MHz and was cancelled on June 10, 2004.4

     7.          Based on the evidence before us, we find 
Pembroke willfully5 and repeatedly6 violated Section 301 of 
the Act by operating two-way radio transmitters on GMRS 
frequency 465.625 MHz without a license.    

     8.   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 Rules7, the base 
forfeiture amount for operation without an instrument of 
authorization is $10,000.  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.8   Considering the entire record and applying the 
factors listed above, the case warrants a $10,000 
forfeiture.

IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Communications Act of 1934, as 
amended,9 and Sections 0.111, 0.311 and 1.80 of the 
Commission's Rules,10 Pembroke Square Associates is hereby 
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of ten thousand dollars ($10,000) for repeated 
violation of Section 301 of the Act by operating a radio 
transmitter without a license.  

     10.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Commission's Rules,11 within thirty days of the 
release date of this NAL, Pembroke, SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

     11.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the 
Federal Communications Commission. Payment by check or money 
order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, and P.O. 
Box 73482, Chicago, IL 60673-7482.  Payment by wire transfer 
may be to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259. The payment  should note the 
NAL/Acct. No. 2 200532640001and FRN 0002031011.  Requests 
for payment of the full amount of this NAL under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.12

     12.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, South Central 
Region, 1457 Mount Pleasant Rd., Suite 113, Chesapeake, 
Virginia 23322 within thirty days of the release date of 
this NAL, and MUST INCLUDE the NAL/and FRN referenced in the 
letterhead above.
  
     13.  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.

     14.  IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Pembroke Square Associates at its 
record of address.

                              FEDERAL COMMUNICATIONS 
COMMISSION



                              Luther Bolden
                              Resident Agent-Norfolk Office 
                              South Central Region          
Enforcement Bureau       

_________________________

147 U.S.C.  301.  

2Pursuant to Section 1.931(b)(5) of the Commission's Rules, 
licensees of Private Wireless  Services may request special 
temporary  authority to  operate  via  the telephone  under 
special limited  circumstances, provided a  properly signed 
application is filed  within 10 days of  such oral request.  
47 C.F.R.   1.931(b)(5).  Even if  Pembroke requested such 
authority, Pembroke did not submit a written application to 
operate  pursuant  to  station license  KB77434  after  its 
expiration.

347 U.S.C.  301.  See also  47 C.F.R.  95.3 (GMRS license 
required for GMRS operation). 

4The  Wireless  Telecommunications   Bureau  staff  granted 
Pembroke  an   oral  10-day  special   temporary  authority 
(``STA'')  to operate  on  the PLMR  frequencies listed  on 
station license KB77434 between  January 14 and January 24, 
2005.  This  STA, however,  did not include  GMRS frequency 
462.625 MHz and  did not cover any period of  time prior to 
January 14, 2005.

5Section 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 . . . .''  See 
Southern  California Broadcasting  Co., 6  FCC Rcd  4387-88 
(1991).

6The  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).  

712 FCC  Rcd 17087  (1997), recon. denied,  15 FCC  Rcd 303 
(1999); 47 C.F.R. 1.80.

847 U.S.C.  503(b) (2) (D).

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

1047 C.F.R.  0.111, 0.311, 1.80.

1147 C.F.R.  1.80

12See 47 C.F.R.  1.1914.