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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                                               
                                   )        File No.: EB-06-LA-283  
     Mobile Relay Associates                                        
                                   )   NAL/Acct. No.: 200732900006  
     Licensee of Station WPPF233                                    
                                   )               FRN: 0001532027  
     La Crescenta, CA                                               
                                   )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released:  March 1, 2007

   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 Mobile Relay Associates  ("MRA"), licensee of Private Land Mobile
       Radio Services station WPPF233, in  La Crescenta, California,
       apparently willfully and repeatedly violated Section 1.903(a)  of the
       Commission's Rules ("Rules") by operating the station with an
       effective radiated power ("ERP") above the limit stated on the
       license, thereby, failing to use and operate the station only in
       accordance with the rules. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that MRA is
       apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On October 3, 2006, the Enforcement Bureau's Los Angeles Office
       received a complaint of interference from a licensee operating on the
       frequency 150.875 MHz in the Los Angeles, California, area. The
       complainant stated that a signal on 150.8825 MHz  was the source of
       the interference.

    3. The Commission's Universal Licensing System  database lists  MRA as
       the only entity authorized to operate on 150.8825 MHz in Los Angeles
       County. The license, under call sign WPPF233, authorized a base
       station on Mt. Lukens, La Crescenta, California, to operate with an
       ERP of 9 watts.

    4. On October 11, 2006, a Los Angeles agent monitored the signal on
       150.8825 MHz from the Los Angeles Office and measured the signal level
       on the frequency as -57 dBm.

    5. On October 16, 2006, the agent again  monitored the signal on 150.8825
       MHz from the Los Angeles Office and  measured the signal level as -57
       dBm. Later on that day, the Los Angeles agent, using a mobile
       direction finding vehicle, located the source of the signal on
       150.8825 MHz emanating from Mt. Lukens. The agent then contacted MRA.
       The agent informed an MRA representative that an interference
       complaint had been received, and that WPPF233's station on Mt. Lukens
       on 150.8825 MHz was allegedly the source of the interference. The
       agent informed the MRA representative that the station license limited
       the ERP to 9 watts.

    6. On October 17, 2006, Los Angeles agents again monitored the signal on
       150.8825 MHz from the Los Angeles Office and measured the signal level
       as -57 dBm. The agents then met an MRA representative on Mt. Lukens
       and inspected WPPF233's station on 150.8825 MHz.  The agents again
       measured the signal and calculated WPPF233's ERP to be 184 watts.
       During the inspection, the MRA representative reduced the ERP to 15
       watts, and informed the agents that the transmitter's power could not
       be lowered any further. The MRA representative informed the agents
       that in the near future, an attenuator would be installed to reduce
       the ERP to 9 watts.  Over-the-air measurements on the 150.8825 MHz
       taken by Los Angeles agents at the Los Angeles Office corroborated the
       drop in ERP after the inspection on October 17, 2006, with the
       150.8825 MHz signal measured at -67 dBm.

    7. On October 25, 2006, an MRA representative called the Los Angeles
       Office and stated that the attenuator had been installed, and that the
       station was operating with 9 watts ERP.  Over-the-air measurements on
       150.8825 MHz taken by Los Angeles agents at the Los Angeles Office
       corroborated the further drop in ERP on October 25, 2006,  resulting
       in a signal level of- 70 dBm on 150.8825 MHz.

   III. DISCUSSION

    8. 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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    9. Section 1.903(a) of the Rules states "[s]tations in the Wireless Radio
       Services must be used and operated only in accordance with the rules
       applicable to their particular service as set forth in this title and
       with a valid authorization granted by the Commission under the
       provisions of this part..."  The WPPF233 license limits the ERP on
       150.8825 MHz to 9 watts. On October 11, 2006, October 16, 2006, and
       October 17, 2006, Los Angeles agents measured the WPPF233 signal level
       as -57 dBm. During the inspection of WPPF233 on October, 17, 2006, the
       agents calculated that this signal level was equivalent to the station
       operating with 184 watts, a power much greater than the limit listed
       on the  WPPF233 license.  After the inspection, MRA continued to
       operate WPPF233 at 15 watts (pending the installation of an
       attenuator), therefore, MRA's violation was willful. MRA's over-power
       operation continued for more than one day, therefore, MRA's violation
       was repeated.  Based on the evidence before us, we find that MRA
       apparently willfully and repeatedly violated Section 1.903(a) of the
       Rules by operating the station with an ERP above the limit stated on
       the WPPF233 license.

   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 exceeding power limits is $4,000. 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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that MRA is apparently liable for a ($4,000)
       forfeiture.

   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, Mobile Relay Associates  is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of  four  thousand dollars ($4,000) for violations of Section
       1.903(a)  of the Rules.

   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, Mobile Relay Associates
       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 by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   14. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles Office,
       18000 Studebaker Road, Suite 660, Cerritos, California, 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.^8

   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 Mobile Relay Associates, at
       its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director,

   Los Angeles  Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.903(a).

   47 C.F.R. S 1.907 defines ERP as the product of the power supplied to the
   antenna multiplied by the gain of the antenna referenced to an isotropic
   antenna.

   47 U.S.C. S 503(b).

   The MRA representative informed the agents that the gain of the station's
   antenna was 5 dB, and the cable loss was 1 dB. These numbers, along with
   the transmitter power output reading observed by the agent's wattmeter,
   were used in the calculation of the ERP.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 1.903(a).

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission