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

In the Matter of                 )
                                 )
                                 )       File Number: EB-05-SD-004
Lamkin Corporation               )
Licensee of WQBQ706              )      NAL/Acct. No: 200532940007
San Diego, California            )
                                 )               FRN: 0010-7694-38



             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 Lamkin Corporation ("Lamkin"), licensee 
 of stations WQBQ706, 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 the unauthorized microwave channel of 
 21245.0 MHz.2  We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended ("Act"),3 that Lamkin is 
 apparently liable for a forfeiture in the amount of four 
 thousand dollars ($4,000).


II.  BACKGROUND

      2.    On January 11, 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 Lamkin Corporation, a 
 manufacture of golf club grips, at 6530 Gateway Park Drive, San 
 Diego, California.  The frequency measurement showed that this 
 microwave radio station was operating on microwave channel 
 21245.0 MHz.4

      3.  The agent returned to the Lamkin office on February 4, 
 2005, and again measured the frequency of microwave radio 
 station.  The measurement showed that the station was operating 
 on microwave channel 21245.0 MHz, the same as the January 11, 
 2005 measurement.  A review of the Commission's database 
 revealed that Lamkin has authorization to operate a Private 
 Fixed Point-to-Point Microwave radio station under license 
 WQBQ706 at the 6530 Gateway Park Drive location.  However, the 
 authorized frequency for this microwave radio station is 
 22475.25 MHz.     

      4.  On February 28, 2005, the agent returned to the Lamkin 
 office and again found that microwave radio station WQBQ706 was 
 operating on microwave channel 21245.0 MHz.  At this time the 
 agent conducted an inspection of the radio station with the 
 Lamkin's office manager.  The office manager provided the agent 
 a copy of FCC authorization for WQBQ706 which indicated an 
 authorized frequency of 22475.25 MHz for the station.      

      5.  On March 11, 2005, the San Diego Office sent a Letter 
 of Inquiry (``LOI'') to Lamkin concerning its unauthorized 
 operation on 21243.5 MHz, in violation of Section 1.903(a) of 
 the Commission's Rules.5  The San Diego Office received a reply 
 to the LOI on March 24, 2005. The reply stated that this radio 
 station was used for Lamkin's internal business communications 
 between their U.S and Mexican facilities.  Lamkin stated that 
 the receiver and transmitter frequencies of the microwave radio 
 station had been installed backwards and that the improper 
 operation had begun in September of 2003.  The reply indicated 
 that the proper receiver and transmitter frequencies had been 
 installed and that the station was operating on the proper 
 frequency.  A San Diego agent confirmed that WQBQ706 was 
 operating on frequency 22475.25 MHz later that day.  
  

III.      DISCUSSION

      6.  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 

      7.  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 January 11, 2005, February 4, 2005, and 
 February 28, 2005, San Diego agents determined that Lamkin was 
 operating a microwave radio station, WQBQ706, on the 
 unauthorized microwave channel of 21245.0 MHz.  Further, Lamkin 
 admits that their microwave radio station had been operating on 
 the wrong frequency ever since it was first installed in 2003.

      8.  Lamkin was aware of the licensed frequency for WQBQ706 
 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 Lamkin apparently willfully and repeatedly 
 violated Section 1.903(a) of the Rules by operating a microwave 
 radio station on the unauthorized microwave channel of 21245.0 
 MHz.

      9.  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, 
 Lamkin 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 Lamkin is apparently liable for a forfeiture in the amount 
 of $4,000.


IV.  ORDERING CLAUSES

      10.      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, 
 Lamkin Corporation 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

      11.      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, Lamkin Corporation SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      12.      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.  

      13.      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.  

      14.      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.  

      15.      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

      16.      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 Lamkin 
 Corporation 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).
247 C.F.R.  101.147(s). 
347 U.S.C.  503(b).  
4The actual  measurement  taken  by the  agent  showed  that  the 
station was operating on 21243.5 MHz.  
521243.5 MHz is within the maximum allowable tolerance of 
microwave channel 21245.0 MHz.  See 47 C.F.R.  101.147(s). 
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.'' 
8See 47 C.F.R.  1.1914.
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).
8See 47 C.F.R.  1.1914.