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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                           )                                
                                                                            
                                           )                                
     In the Matter of                                                       
                                           )         File No: EB-06-LA-292  
     National Science Technology Network                                    
                                           )   NAL/Acct. No.: 200732900013  
     Licensee of WPME695                                                    
                                           )               FRN: 0006013392  
     Los Angeles, California                                                
                                           )                                
                                                                            
                                           )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 19, 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 National Science Technology Network ("NSTN"), licensee of station
       WPME695, in Corona, California, apparently repeatedly violated Section
       1.903(a)  of the Commission's Rules ("Rules") by failing to operate
       station WPME695 in accordance with the rules applicable to their
       services and with a valid authorization granted by the Commission. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that NSTN is apparently liable for a
       forfeiture in the amount of four  thousand dollars ($4,000).

   II. BACKGROUND

    2. On December 13, 2006, in response to a complaint of co-channel
       interference, an agent from the Enforcement Bureau's Los Angeles
       Office conducted an inspection of NSTN Trunked Radio Systems located
       on Pleasant Peak and Sierra Peak in Corona, California.   The agent
       determined that Pleasant Peak was the primary Trunked Radio System
       site.

    3. On December 19, 2006, the Los Angeles agent conducted an inspection of
       NSTN control point. The control point listed on the WPME695
       authorization was 4091 Glencoe Avenue, Marina Del Ray, California. The
       control that was in use on December 19, 2006, was located at 2050 S.
       Bundy Drive, Los Angeles, California. Later on December 19, 2006, NSTN
       filed an application to change the control point for WPME695 from the
       Marina Del Ray location to the Bundy Drive location.

    4. On March 6, 2007, the Los Angeles Office issued a Letter of Inquiry
       ("LOI") to NSTN seeking clarification of issues raised by the Sierra
       Peak and Pleasant Peak inspections as well as the location of the
       WPME695 control point. In particular, the Los Angeles Office asked
       when NSTN changed the location of the WPME695 control point.

    5. On March 19, 2007, NSTN responded to the Los Angeles Office's LOI. In
       its response, NSTN stated that while the original control point was
       located at the Marina Del Ray address, that property had been sold and
       demolished five years earlier.

   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) 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.

    7. Section 1.903 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 as set forth in this
       title and with a valid authorization granted by the Commission under
       the provisions of this part. On December 19, 2006, the control point
       listed on the WPME695 authorization was 4091 Glencoe Avenue, Marina
       Del Ray, California, however, NSTN acknowledges that the Marina Del
       Ray location had not been the location of the WPME695 control point
       for over five years. NSTN did not amend the location of the control
       point on the WPME695 authorization until NSTN was questioned by a Los
       Angeles agent in December. Given that NSTN stopped using the Marina
       Del Ray location some time in 2002, we note that NSTN also apparently
       failed to change the control point information when it filed its
       renewal application for WPME695 on April 8, 2003.

    8. Based on the evidence before us, we find that NSTN  apparently
       repeatedly violated Section 1.903(a) of the Rules by failing to
       operate from a control point listed in a valid authorization granted
       by the Commission.

    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 construction or operation at an
       unauthorized location 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 NSTN is
       apparently liable for a four thousand dollar ($4,000) forfeiture.

   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,
       0.314 and 1.80 of the Commission's Rules, National Science Technology
       Network 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.

   11. 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, National Science
       Technology Network 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 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.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles  Office,
       18000 Studebaker Rd., Suite 660, Cerritos, California, 90703 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:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   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 National Science Technology Network.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

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

   See File No. 0002853552, granted December 20, 2006.

   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."

   See File No. 0001267117, granted April 9, 2003.

   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)(E).

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

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission