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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                                
                                                               
                              )                                
                                                               
     In the Matter of         )     File Number: EB-07-LA 363  
                                                               
     Richard R. Susainathan   )   NAL/Acct. No.: 200832900001  
                                                               
     Las Vegas, Nevada        )               FRN: 0005410709  
                                                               
                              )                                
                                                               
                              )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 18, 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 Richard R. Susainathan ("Susainathan"), apparently willfully and
       repeatedly violated Sections 1.903(a) and 1.947(a)  of the
       Commission's Rules ("Rules") by operating fixed base transmitters from
       locations not authorized by the licenses of stations WPXC618, WPIQ777
       and WPYM965, in Clark County Nevada. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Susainathan is apparently liable for a forfeiture in the amount of
       twelve thousand  dollars ($12,000).

   II. BACKGROUND

    2. S. M. Leasing and Rental, Ltd is the licensee of stations WPXC618,
       WPIQ777 and WPYM965. Station WPIQ777 is licensed to operate on a fixed
       base frequency of 937.9625 MHz, from Sunrise Mountain, Nevada, with
       coordinates of 36-o 10' 45.3'' north latitude, 114-o 59' 51.3'' west
       longitude. Station WPYM965 is licensed to operate on a fixed base of
       frequency 937.225 MHz, from Mesquite, Nevada with coordinates of 36-o
       46' 18'' north latitude, 114-o 06' 06'' west longitude. Station
       WPXC618 is licensed to operate on a fixed base frequency of 936.9125
       MHz, from Sunrise Mountain, Nevada, with coordinates of 36-o 10'
       45.3'' north latitude, 114-o 59' 51.3'' west longitude. Station
       WPXC618 is also licensed to operate on its base frequency from
       Glendale, Nevada, with coordinates 36-o 41' 02'' north latitude, 114-o
       30' 58'' west longitude.

    3. On November 27, 2007, an agent from the Enforcement Bureau's Los
       Angeles Office using direction finding techniques, located fixed,
       continuous, unmodulated, transmissions on the three fixed base
       frequencies, listed above, associated with stations WPXC618, WPIQ777
       and WPYM965. The Los Angeles agent determined that the transmissions
       were originating from Susainathan's place of business at 3399 W.
       Oquendo Rd., Las Vegas, Nevada, with coordinates of 36-o 04' 51''
       north latitude, 115-o 11' 03'' west longitude.

    4. On November 28, 2007, the Los Angeles agent, again using direction
       finding techniques, located fixed, continuous, unmodulated,
       transmissions on the three fixed base frequencies associated with
       stations WPXC618, WPIQ777 and WPYM965. The agent determined that the
       transmissions continued to originate from Susainathan's place of
       business at 3399 W. Oquendo Road, Las Vegas, Nevada.

    5. After locating the signals on November 28, 2007, the Los Angeles agent
       met with Susainathan and inspected the transmitters Susainathan was
       operating, which were configured for continuous operation and
       connected to a rooftop antenna. Susainathan stated that the
       transmitters were undergoing several weeks of testing prior to being
       installed at their authorized operational locations. At the time of
       the inspection, Susainathan had copies of the licenses for the three
       stations which indicated the licensed base station locations for each
       station. The Los Angeles agent warned Susainathan that none of the
       licenses authorized fixed base transmissions from the 3399 W. Oquendo
       Road, Las Vegas, Nevada location.

   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(a) of the Rules requires that stations in the Wireless
       Radio Services must be operated only in accordance with the rules
       applicable to their particular service and with a valid authorization
       granted by the Commission. Section 1.947(a) of the Rules requires that
       all major modifications as defined in Section 1.929 of the Rules,
       require prior Commission approval. For Private Land Mobile Radio
       Services stations, Section 1.929(c)(4)(v) defines a major change as,
       "[c]hange in the authorized location or number of base stations,
       fixed, control, except for deletions of one or more such stations..."

    8. On November 27, 2007, and November 28, 2007, a Los Angeles agent
       observed Susainathan operating on the fixed base frequencies for
       stations WPXC618, WPIQ777 and WPYM965 at 3399 W. Oquendo Road, Las
       Vegas, Nevada. This location is more than twelve miles from the
       licensed locations for stations WPXC618 and WPIQ777, and more than 76
       miles from the licensed location for station WPYM965. At the time of
       the inspection on November 28, 2007, Susainathan was aware that he was
       not operating from the licensed locations for the stations as he
       indicated to the Los Angeles agent that he was testing the
       transmitters prior to installing them at their licensed location.
       Therefore, Susainathan's violation was willful. The violation occurred
       for more than one day, therefore it was repeated. Based on the
       evidence before us, we find that Susainathan apparently willfully and
       repeatedly violated Sections 1.903(a) and 1.947(a) of the Rules by
       operating fixed base transmitters from locations not authorized by the
       licenses.

    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 operation of a station from an unauthorized
       location is $4000. In assessing the monetary forfeiture amount, we
       must also take into account the statutory factors set forth in Section
       503(b)(2)(E) 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, because Susainathan apparently
       operated three stations from unauthorized locations, we conclude that
       Susainathan  is apparently liable for a $12,000 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, Richard R. Susainathan is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of twelve  thousand dollars ($12,000) for violations of
       Sections 1.903(a) and 1.947(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, Richard R. Susainathan,
       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, CA 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 Richard R. Susainathan, at his address
       of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a), 1.947(a).

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

   Currently pending before a state court in Nevada, and the Commission's
   Wireless Telecommunications Bureau ("WTB"), is the issue of who controls
   S.M. Leasing and Rental, Ltd. See, e.g., In the Matter of Thomas K.
   Kurian, 22 FCC Rcd 7318, 7320 (WTB 2007).  Both Susainathan and Pappammal
   Kurian claim control of the licensee. The issuance of this Notice of
   Apparent Liability does not prejudge the outcome of that dispute and
   should the court and WTB determine that Susainathan does not hold control
   of the licensee, we may revisit our investigation to determine what, if
   any, additional violations Susainathan may be liable for.

   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."

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

   47 C.F.R. S: 1.947(a); 47 C.F.R. S: 1.929.

   47 C.F.R. S: 1.929(c)(4)(v).

   Susainathan's location was also more than 55 miles from station WPXC618's
   other authorized location in Glendale, Nevada.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a)
   and 1.947(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission