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

In the Matter of                 )
                                 )
T-Mobile USA, Inc.               )       File Number  EB-05-LA-079
Bellevue, Washington             )
                                 )       NAL/Acct. No 200632900004
                                 )                 FRN: 0004121760



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                                Released: January 
                                                         17, 2006

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that T-Mobile USA, Inc. (``T-Mobile'') 
 apparently willfully and repeatedly violated Section 301 of the 
 Communications Act of 1934, as amended (``Act''),1 by operating 
 unlicensed microwave radio stations on microwave channels 
 10552.5 MHz and 10592.5 MHz at Christmas Tree Pass, Nevada.2  
 We conclude, pursuant to Section 503(b) of the Act,3 that T-
 Mobile is apparently liable for a forfeiture in the amount of 
 ten thousand dollars ($10,000).

II.  BACKGROUND

      2.  On February 24, 2005, while conducting a routine audit 
 of installed radio equipment on Christmas Tree Pass, near 
 Searchlight, Nevada, an agent of the Enforcement Bureau's Los 
 Angeles Office discovered a pair of microwave transmitters, 
 operating on 10552.5 MHz and 10592.5 MHz, for which no record 
 could be found in the Commission's database of licensed 
 transmitters.  

      3.  On March 9, 2005, using name and telephone number 
 information gleaned from a discarded cardboard box left near 
 the equipment, the Los Angeles agent contacted T-Mobile 
 maintenance personnel who confirmed that they were operating 
 the equipment.  On March 15, 2005, the Los Angeles office 
 contacted administrative personnel at T-Mobile headquarters, 
 who stated that the equipment was part of a large purchase and 
 had been acquired on January 5, 2005.  On March 23, 2005 the T-
 Mobile representative stated that they had not found any 
 license for the equipment and, that if no license could be 
 found, T-Mobile, or one of its subsidiaries, would apply for a 
 license for the Christmas Tree Pass microwave stations as soon 
 as possible.  

      4.  On March 25, 2005, the Los Angeles office contacted the 
 owner of the mountaintop building, who stated that the 
 equipment had been installed for several years and that on 
 January 5, 2005, T-Mobile had notified the building owner that 
 it had purchased the equipment and had assumed responsibility 
 for the site rental fees.

      5.  On June 10, 2005, the Commission received T-Mobile's 
 application for a new license for the transmitters.4  T-Mobile 
 had obtained frequency coordination for the transmitters 
 installed on Christmas Tree Pass for 10562.5 MHz and 10592.5 
 MHz on March 14, 2005.5  The application was filed under the 
 name Omnipoint NY MTA License, LLC (``Omnipoint'').  Review of 
 the Commission's records reveals that T-Mobile holds 95.56% of 
 Omnipoint.

      6.  On August 11, 2005, the Los Angeles agent contacted T-
 Mobile personnel and confirmed that T-Mobile became the owner 
 and operator of the microwave transmitters in question on 
 January 5, 2005 and that T-Mobile, or its subsidiary, had been 
 operating the transmitters since that date.  On August 17, 
 2005, the Commission granted a license to Omnipoint for the 
 transmitters with callsign WQDG362, to operate on 10562.5 MHz 
 and 10592.5 MHz.

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) 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 or 
 communications or signals by radio within the United States 
 except under and in accordance with the Act and with a license.  
 T-Mobile operated two unlicensed microwave radio stations on 
 Christmas Tree Pass in Nevada for five months.  T-Mobile admits 
 acquiring the licensed stations on January 5, 2005.   T-Mobile 
 became responsible for compliance with the Commission's 
 licensing requirements when it assumed control of the 
 transmitters on January 5, 2005.  T-Mobile operated the 
 transmitters without authorization until it submitted an 
 application for license on June 10, 2005 under the name 
 Omnipoint.  Between June 10, 2005 and August 17, 2005, pending 
 grant of the application, Omnipoint operated the transmitters 
 under conditional authorization authority.8 

      9.  T-Mobile is an experienced Commission licensee and was 
 aware that licensing for its stations was required.  After 
 notification concerning the unlicensed transmitters from a Los 
 Angeles agent, T-Mobile began the licensing process by 
 obtaining frequency coordination on March 14, 2005.  Although 
 frequency coordination is the only preliminary requirement 
 imposed by the Commission on new license applications, T-Mobile 
 delayed submission of the application for license until June 
 10, 2005, furthering the unauthorized operation for a period of 
 almost three months.  Therefore, T-Mobile'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 T-Mobile apparently willfully and repeatedly 
 violated Section 301 of the Act by operating microwave radio 
 stations 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 to 
 the instant case, we conclude that T-Mobile 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, 0.314 and 1.80 of the Commission's 
 Rules, T-Mobile USA, Inc. is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of ten thousand 
 dollars ($10,000) for violations 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 days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, T-Mobile USA, 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, 
 Los Angeles Office, 18000 Studebaker Rd, Suite 660, Cerritos, 
 CA 90703 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: Associate Managing Director 
 - Financial Operations, Room 1A625, 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 T-Mobile 
 USA, Inc. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              Catherine Deaton
                              District Director
                              Los Angeles District Office
                              Western Region
                              Enforcement Bureau



_________________________

1 47 U.S.C.  301.
2 47 C.F.R.  101.147(s).
3 47 U.S.C.  503(b).
4 See Application No. 0002195104, filed June 10, 2005.
5 We note that T-Mobile was unable to obtain frequency 
coordination for the exact frequencies it was operating the 
transmitters on.
6 Section 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).
7 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.'' 
8 47 C.F.R.  101.31(b).
9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303  (1999); 
47 C.F.R. 1.80.
10 47 U.S.C.  503(b)(2)(D).
11 47 U.S.C.  301, 503(b), 47 C.F.R.  0.111, 0.311, 1.80.
12 See 47 C.F.R.  1.1914.