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

In the Matter of                 )
                                 )
                                 )       File Number: EB-05-SD-010
Uniradio Corp.                   )
San Diego, California            )      NAL/Acct. No: 200532940013
                                 )
                                 )               FRN: 0010-6218-29



             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 Uniradio Corporation ("Uniradio"), 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 22464.75 MHz.2  We conclude, 
pursuant to Section 503(b) of the Act,3 that Uniradio 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 Uniradio at an unattended transmitter site at 
4630 Border Village Road, San Diego, California.  The frequency 
measurement revealed that this microwave radio station was 
operating on microwave channel 21225.0 MHz.

3.        A review of the Commission's database revealed that 
Uniradio has no authorization to operate a point-to-point 
microwave radio station.  However, a pending license application, 
filed by Uniradio on May 19, 2004 and amended on September 29, 
2004, for frequency 22464.75 MHz at the 4630 Border Village Road 
location was found.4

4.        On January 25, 2005, the San Diego agent returned to 
the Uniradio site and found the microwave radio station operating 
on microwave channel 21225.0 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 
Uniradio.

5.        On March 11, 2005, the San Diego Office sent a Letter 
of Inquiry (``LOI'') to Uniradio concerning its operation on an 
unauthorized frequency of 21225.0 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 Uniradio site at 4630 Border 
Village Road and found that the station was operating on 
microwave channel 22464.75 MHz.  The San Diego Office received a 
reply to the LOI on April 19, 2005. In its reply, Uniradio stated 
that it ``never had or applied for an authorization or license to 
transmit in the U.S. at the 21225 MHz  frequency'' and that it 
began operating the station on 21225 MHz in May 2004.  It 
acknowledged that it had a pending application to use 22464.75 
MHz.  Uniradio indicated that the equipment company that 
installed the radio transmitter had inadvertently switched the 
receiver and transmitter frequencies as the station should be 
operating on 22464.75 MHz.  Finally, Uniradio stated that they 
have applied to the FCC for a special temporary authority and 
they have corrected the transmitter frequency error. 

6.        Agents confirmed that Uniradio did apply for a special 
temporary authority on March 22, 2005.5   The pending Uniradio 
application for a Private Operational Fixed Point-to-Point 
Microwave radio station on 22464.75 MHz, located at 4630 Border 
Village Road, San Diego, California, was granted on May 18, 2005 
under call sign WQCT284.


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

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 Uniradio was 
operating a microwave radio station on microwave channels 21225.0 
MHz and 22464.75 MHz.  A review of Commission records indicated 
that Uniradio had no authorization to operate on 21225.0 MHz. The 
review also indicated that Uniradio had a pending application, 
but no authorization, to operate on 22464.75 MHz prior to May 18, 
2005.  On April 19, 2005, Uniradio acknowledged operating a 
microwave station on the frequencies of 21225.0 MHz and 22464.75 
MHz since May 2004.  Uniradio also acknowledged that at that time 
it had no license, only pending applications, to operate such a 
station.8 

9.        Uniradio 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 
21225.0 MHz or 22464.75 MHz since it was first installed in May 
2004.  Therefore, Uniradio'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 Uniradio 
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 $10,000.9  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 Uniradio 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, 
Uniradio Corp. 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

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, 
Uniradio Corp. 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. 20554.12

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 Uniradio 
Corp. 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. 0001742599.
5See File No. 0002094917.
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.'' 
8Pursuant 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 Uniradio in its 
applications is not contained in these frequency bands.  Also, 
Uniradio's proposed station is located approximately 0.64 km from 
the Mexican border. 
912 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.