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

In the Matter of                 )
                                 )
                                 )       File Number: EB-04-SD-191
Norman Krieger Inc.              )
Licensee of WQCC468              )      NAL/Acct. No: 200532940006
San Diego, California            )
                                 )               FRN: 0010-6274-87



             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 Norman Krieger Inc. ("Krieger"), licensee 
 of station WQCC468, in San Diego, California, apparently 
 willfully and repeatedly violated Section 1.903(a) of the 
 Commission's Rules ("Rules")1 by operating microwave radio 
 transmitting equipment on an unauthorized microwave channel of 
 21375.0 MHz.2  We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended ("Act"),3 that Krieger 
 is apparently liable for a forfeiture in the amount of four 
 thousand dollars ($4,000).


II.  BACKGROUND

      2.    On December 1, 2004, 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 Norman Krieger Inc., 
 a manufacture of hotel bedding and fabrics, at 9635 Heinrich 
 Hertz Drive, San Diego, California.  The frequency measurement 
 showed that this microwave radio station was operating on 
 microwave channel 21375.0 MHz

      3.  The agent returned to the Krieger office on February 
 25, 2005, and again measured the frequency of the microwave 
 radio station.  The microwave channel for this measurement was 
 again 21375.0 MHz.  A review of the Commission's database 
 revealed that Krieger has authorization to operate a Private 
 Fixed Point-to-Point Microwave radio station under license 
 WQCC468 at the location.  However, the authorized frequency for 
 station WQCC468 is 22461.25 MHz.  The agent also inspected the 
 microwave radio station.  The Krieger staff provided the agent 
 of copy of the station authorization, WQCC468, the following 
 day.  The station authorization indicated that the authorized 
 frequency for station WQCC468 is 22461.25 MHz.        

      4.  On March 11, 2005, the San Diego Office sent a Letter 
 of Inquiry (``LOI'') to Krieger concerning its unauthorized 
 operation on 21377.74 MHz, in violation of Section 1.903(a) of 
 the Commission's Rules.4  On March 24, 2005, an agent of the 
 Commission's San Diego Office returned to the Krieger office 
 and found that station WQCC468 was operating on its authorized 
 frequency of 22461.25 MHz.   The San Diego Office received a 
 reply to the LOI on April 1, 2005. The reply stated that this 
 radio station was used for Krieger's internal business 
 communications between their U.S and Mexican facilities.  
 Krieger stated that the receiver and transmitter frequencies of 
 the microwave radio station had been installed backwards and 
 that the improper operation on 21375.0 MHz began in November of 
 2003.5  Krieger also indicated that the receiver and 
 transmitter frequencies had been corrected.
  

III.      DISCUSSION

      5.  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.6  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.7 

      6.  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, and with a valid authorization granted by the 
 Commission.  On December 1, 2004, and February 25, 2005, San 
 Diego agents determined that Krieger was operating microwave 
 radio station WQCC468 on the unauthorized frequency of 21375.0 
 MHz.  Further, Krieger admits that its microwave radio station 
 had been operating on 21375.0 MHz ever since it was first 
 installed in 2003.

      7.  Krieger was aware of the licensed frequency for WQCC468 
 but failed to operate on it.  Therefore, its violation was 
 willful.  The violation occurred on more than one day, 
 therefore, it was repeated.  Based on the evidence before us, 
 we find that Krieger apparently willfully and repeatedly 
 violated Section 1.903(a) of the Rules by operating a microwave 
 radio station on an unauthorized frequency of 21375.0 MHz.

      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 Rules, the base forfeiture 
 amount for using an unauthorized frequency is $4,000.8  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.9  We note that in its reply to the LOI, 
 Krieger acknowledges that it was operating on the wrong 
 frequency and that it has since corrected the problem.  The 
 Commission has stated in the past that a licensee is expected 
 to correct errors when they are brought to the licensee's 
 attention and that such correction is not grounds for a 
 downward adjustment in the forfeiture.10 Additionally, a 
 licensee is required to operate on the frequency stated in its 
 authorization.11  Accordingly, applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, we conclude 
 that Krieger is apparently liable for a forfeiture in the 
 amount of $4,000.


IV.  ORDERING CLAUSES

      9.  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, 
 Norman Krieger Inc. is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of four thousand 
 dollars ($4,000) for violation of Section 1.903(a) of the 
 Rules.12

      10.      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, Norman Krieger Inc. 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 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.  

      12.      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.  

      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.      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. 20554.13 

      15.      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 Norman 
 Krieger Inc. at its address of record.


                              FEDERAL COMMUNICATIONS COMMISSION




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


_________________________

147 C.F.R.  1.903(a).
2See 47 C.F.R.  101.147(s). 
347 U.S.C.  503(b).  
421377.74 MHz is within the maximum allowable tolerance of 
microwave channel 21375.0 MHz.  See 47 C.F.R.  101.147(s). 
5According to Commission's records, however, the reciprocal 
frequency for the WQCC468 license is 21229.25 MHz.  
6Section 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).
7Section 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.'' 
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
947 U.S.C.  503(b)(2)(D).
10AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).  
11Dominic DeNaples, 19 FCC Rcd 12303 (EB 2004). 
1247 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a).
13See 47 C.F.R.  1.1914.