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

In the Matter of                 )
                                 )
                                 )       File Number: EB-05-SD-031
Anderson Desk Company            )
San Diego, California            )      NAL/Acct. No: 200532940002
                                 )
                                 )               FRN: 0009-9808-55



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
                                                         28, 2005


By the District Director, San Diego Office, Western Region, 
Enforcement Bureau:


I.   INTRODUCTION

1.        In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Anderson Desk Company ("Anderson"), in San 
Diego, California, apparently willfully and repeatedly violated 
Section 301 of the Communications Act of 1934, as amended 
(``Act''),1 by operating an unlicensed microwave radio station on 
microwave channels 21225.0 MHz and 22461.25 MHz.2  We conclude, 
pursuant to Section 503(b) of the Act,3 that Anderson is 
apparently liable for a forfeiture in the amount of ten thousand 
dollars ($10,000).


II.  BACKGROUND

2.          On February 4, 2005, an agent from the Commission's 
San Diego Office was investigating allegations that companies in 
the Otay Mesa area of San Diego were using unauthorized microwave 
radio stations to communicate with sister companies across the 
U.S. - Mexico border in Tijuana, Mexico.  The agent monitored and 
measured the transmissions of a microwave radio station operated 
at an office occupied by Anderson Desk Company, a manufacturer of 
office furniture, at 7510 Airway Road, San Diego, California.  
The frequency measurement of this microwave radio station was 
21224.0 MHz.

3.        A review of the Commission's database revealed that 
Anderson has no authorization to operate a point-to-point 
microwave radio station.  However, a pending application, filed 
by Anderson on September 23, 2004, for frequency 22461.25 MHz at 
the 7510 Airway Road location was found.4

4.        The San Diego agent returned to the Anderson office on 
February 9, 2005, and again made measurements showing that the 
microwave radio station was operating on the microwave channel 
21225.0 MHz.5  An inspection was attempted, but no one was 
available to make the station available for inspection at that 
time.  

5.        On February 28, 2005, the San Diego agent returned to 
the Anderson office and again measured the microwave radio 
station operating on microwave channel 21225.0 MHz.  At this time 
the agent conducted an inspection of the radio station with an 
Anderson staff member.   The agent requested a copy of Anderson's 
station authorization for its microwave radio station, but only a 
copy of the September 23, 2004, pending application could be 
found at the Anderson office.    

6.        On March 11, 2005, the San Diego Office sent a Letter 
of Inquiry (``LOI'') to Anderson concerning its operation on an 
unauthorized frequency of 21224.0 MHz, in violation of Section 
301 of the Act.6  The San Diego Office received a reply to the 
LOI on March 23, 2005. In its reply, Anderson states that this 
radio station was used for internal business communications 
between Anderson's U.S and Mexican facilities.  Anderson 
acknowledges that it began operating this microwave radio station 
in 2000 on frequency 22461.25 MHz and had replaced some defective 
equipment in December 2004.  At that time, frequency 21224.0 MHz 
was installed.  Anderson further states that the repaired unit is 
now back in service and that ``the operation frequency is 
22461.25.''  Anderson also acknowledged that its pending 
application for authority to operate on 22461.25 MHz had not yet 
been granted.  

7.        On May 20, 2005, Anderson's pending application was 
granted under the call sign of WQCT534 for frequency 22461.25 
MHz.  However, the licensed geographical coordinates for WQCT534 
do not match the coordinates of the actual transmitter location 
of 7510 Airway Road, San Diego, California.  The difference 
between the two locations is approximately 3.95 km.  


III.      DISCUSSION

8.     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.7  The 
term ``repeated'' means the commission or omission of such act 
more than once or for more than one day.8 

9.     Section 301 of the Act requires that no person shall use 
or operate any apparatus for the transmission of energy of 
communications or signals by radio within the United States 
except under and in accordance with the Act and with a license.  
On February 4, 2005, February 9, 2005, and February 28, 2005, 
measurements made by a San Diego agent revealed that Anderson was 
operating a microwave radio station on the frequency 21224.0 MHz.  
A review of Commission records indicated that Anderson had no 
authorization to operate on 21224.0 MHz. The review also 
indicated that Anderson had a pending application, but no 
authorization, to operate on 22461.25 MHz.  On March 23, 2005, 
Anderson acknowledged operating a microwave station on the 
frequencies of 22461.25 MHz and 21224.0 MHz since 2000.  Anderson 
also acknowledged that it had no license, only a pending 
application, to operate such a station.

10.       Anderson was aware licensing for its station was 
required, as evidenced by its license application, and admits 
that its microwave radio station has been operating on either 
22461.25 or 21224.0 MHz since it was first installed in 2000.  
Therefore, Anderson's violation was willful.  The violation 
occurred on more than one day, therefore, it was repeated.  Based 
on the evidence before us, we find that Anderson apparently 
willfully and repeatedly violated Section 301 of the Act by 
operating a microwave radio station without authorization.

11.       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 for 
the service is $10,000.9  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.10  Applying the Forfeiture Policy 
Statement, Section 1.80, and the statutory factors, we conclude 
that Anderson is apparently liable for a forfeiture in the amount 
of $10,000.

12.       We will also require Anderson to file a report with the 
District Director of the San Diego Office concerning Anderson's 
efforts to bring its microwave radio station into compliance with 
the terms of its authorization for station WQCT534.  
Specifically, Anderson must detail how it has relocated its 
transmitter to the coordinates specified in the station 
authorization, or how it has amended its authorization to 
accurately reflect the location of the transmitter.


IV.  ORDERING CLAUSES

13.       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, 
Anderson Desk Company is hereby NOTIFIED of this APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars 
($10,000) for violation of Section 301 of the Act.11

14.       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, 
Anderson Desk Company SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

15.       IT IS FURTHER ORDERED that Anderson Desk Company SHALL 
FILE, within thirty (30) days of the release of this Notice, a 
report with the District Director, San Diego Office, concerning 
Anderson Desk Company's efforts to come into compliance with the 
authorization for station WQCT534, as detailed above.

16.       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 bycheck or 
money order may be mailed to Federal Communications Commission, 
P.O. Box358340,Pittsburgh, PA 15251-8340. Payment by overnight 
mail may be sent toMellon Bank/LB358340,500 Ross Street, Room 
1540670, Pittsburgh, PA 15251. Payment by wire transfer may be 
made to ABA Number043000261, receiving bankMellon Bank, and 
account number911-6106.  

17.       The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Western Region, 
San Diego Office, 4542 Ruffner Street, Suite 370, San Diego, 
California 92111, 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.  

18.       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.  

19.       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. 20554.12

20.       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 Anderson 
Desk Company at its address of record.

                              FEDERAL COMMUNICATIONS COMMISSION



                              William R. Zears, Jr.
                              District Director 
                              San Diego Office
                              Western Region
                         Enforcement Bureau
_________________________

147 U.S.C.  301.
247 C.F.R.  101.147(s).
347 U.S.C.  503(b).
4See File No. 0000281783.  Pursuant to Sections 101.31(b)(1)  and 
101.31(b)(1)(v)  of  the  Rules,   47  C.F.R.     101.31(b)(1), 
101.31(b)(1)(v), certain applicants for point-to-point  microwave 
stations, not located within 56.3 kilometers of any international 
border, operating in certain frequency bands, are deemed to  have 
conditional authority to operate  their proposed stations  during 
the pendency of their  applications.  The frequency proposed  for 
use by Anderson Desk in its application is not contained in these 
frequency bands.   Also,  Anderson  Desk's  proposed  station  is 
located approximately 1.5 km from the Mexican border. 
5The actual measurement made by the agent showed that the station 
was operating on 21224.0 MHz.  
621224.0 MHz is within the maximum allowable tolerance of 
microwave channel 21225.0 MHz.  See 47 C.F.R.  101.147(s).
7Section 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).
8 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.'' 
9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303  (1999); 
47 C.F.R. 1.80.
1047 U.S.C.  503(b)(2)(D).
1147 U.S.C.  301, 503(b), 47 C.F.R.  0.111, 0.311, 1.80.
12See 47 C.F.R.  1.1914.