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

In the Matter of                 )
                                 )
                                 )       File Number: EB-05-SD-011
More Enterprises Communications  )
Network, Inc.                    )      NAL/Acct. No: 200532940008
San Diego, California            )
                                 )               FRN: 0010-9017-34



             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 More Enterprises Communications Network, 
Inc. ("More Enterprises"), 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 
21675.0 MHz and 22471.75 MHz.2  We conclude, pursuant to Section 
503(b) of the Act,3 that More Enterprises is apparently liable 
for a forfeiture in the amount of ten thousand dollars ($10,000).


II.  BACKGROUND

2.          On December 14, 2004, an agent from the Commission's 
San Diego Office was investigating allegations that companies in 
the San Ysidro 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 by More Enterprises Communications Network, 
Inc., at an unattended transmitter site at 4630 Border Village 
Road, San Diego, California.  The frequency measurement showed 
that this microwave radio station was operating on microwave 
channel 21675.0 MHz.

3.        A review of the Commission's database revealed that 
More Enterprises had no authorization to operate a point-to-point 
microwave radio station.  However, a pending application, filed 
by More Enterprises on September 2, 2004, for frequency 22471.75 
MHz at the 4630 Border Village Road location was found.4

4.        On January 25, 2005, the San Diego agent returned to 
the More Enterprises site and again measured the microwave radio 
station operating on microwave channel 21675.0 MHz.  At this time 
the agent conducted an inspection of the radio station with the 
building management.  The information provided by the building 
management and others confirmed that this transmitter was 
operated by More Enterprises.

5.        On March 11, 2005, the San Diego Office sent a Letter 
of Inquiry (``LOI'') to More Enterprises concerning its operation 
on an unauthorized frequency of 21675.0 MHz, in violation of 
Section 301 of the Act.  On March 23, 2005, an agent of the 
Commission's San Diego Office returned to the More Enterprises 
site at 4630 Border Village Road and found that the station was 
operating on microwave channel 22471.75 MHz.  The San Diego 
Office received a reply to the LOI on April 8, 2005. In its 
reply, More Enterprises acknowledges that it began operating this 
microwave radio station in 2004 on 21675.0 MHz and that it has a 
license application pending with the Commission.  More 
Enterprises also states that the equipment as installed had the 
receiver and transmitter frequencies inadvertently switched as 
the station should be operating on 22471.75 MHz.  

6.        A further review of the Commission's database revealed 
that on August 17, 2005, the pending More Enterprises application 
for a Private Operational Fixed Point-to-Point Microwave radio 
station on 22471.75 MHz, located at 4630 Border Village Road, San 
Diego, California, was granted under call sign WQDG363.


III.      DISCUSSION

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

8.     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 December 14, 2004, January 25, 2005, and March 23, 2005, 
measurements made by San Diego agents revealed that More 
Enterprises was operating a microwave radio station on microwave 
channels 21675.0 MHz and 22471.75 MHz.  A review of Commission 
records indicated that More Enterprises had no authorization to 
operate on 21675.0 MHz. The review also indicated that More 
Enterprises had a pending application, but no authorization, to 
operate on 22471.75 MHz until the license was granted on August 
17, 2005.  On April 8, 2005, More Enterprises acknowledged 
operating a microwave station on the frequencies of 21675.0 MHz 
and 22471.75 MHz since 2004.  More Enterprises also acknowledged 
that it had no authorization, only a pending application, to 
operate such a station.7 

9.        More Enterprises 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 
21675.0 MHz or 22471.75 MHz since the station became operational 
in 2004.  Therefore, More Enterprises' violation was willful.  
The violation occurred on more than one day, therefore, it was 
repeated.  Based on the evidence before us, we find that More 
Enterprises apparently willfully and repeatedly violated Section 
301 of the Act by operating a microwave radio station without 
authorization.

10.       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 $10,000.8  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  Applying the Forfeiture Policy 
Statement, Section 1.80, and the statutory factors, we conclude 
that More Enterprises is apparently liable for a forfeiture in 
the amount of $10,000.


IV.  ORDERING CLAUSES

11.       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, More 
Enterprises Communications Network, Inc. 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.10

12.       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, More 
Enterprises Communications Network, Inc. SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 
forfeiture.

13.       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.  

14.       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.  

15.       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.  

16.       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. 20554.11

17.       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 More 
Enterprises Communications Network, Inc. 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. 0001861022.
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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
6Section 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.'' 
7Pursuant 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 More Enterprises 
in its application is not contained in these frequency bands.  
Also, More Enterprises' proposed station is located approximately 
0.64 km from the Mexican border. 
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).
1047 U.S.C.  301, 503(b), 47 C.F.R.  0.111, 0.311, 1.80.
11See 47 C.F.R.  1.1914.