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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Traffic Controll Products of Florida File Number: EB-07-TP-201
Licensee of Radio Station WPNP358 )
Tampa, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 10, 2008
By the District Director, Tampa Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Traffic Controll Products of Florida Inc. ("Traffic Controll"),
licensee of station WPNP358, in Tampa, Florida, apparently willfully
and repeatedly violated Section 90.403(a)(2) of the Commission's Rules
("Rules"), by operating radio transmission equipment inconsistent with
the terms of its authorization. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that
Traffic Controll is apparently liable for forfeiture in the amount of
four thousand dollars ($4,000).
2. On October 23, 2007, in response to a complaint of interference from
private land mobile station WPFS376, agents from the Commission's
Tampa Office of the Enforcement Bureau ("Tampa Office") investigated
and found the source of the interference to be a wireless transmitter
operating on 467.8375 MHz, station WPFS376's authorized frequency. The
wireless transmitter was being used to control portable traffic signal
lights positioned over both ends of a bridge that was being
constructed in Englewood, FL, about one mile away from station
WPFS376. The agents spoke with the construction supervisor for the
bridge who stated the wireless signal lights were set up about two
months ago, the same time station WPFS376 started to receive the
interference, and operated by Traffic Controll to control the traffic
on the bridge. An agent contacted a representative from Traffic
Controll to determine its call sign and get more information on its
license. The representative from Traffic Controll was warned that
operation of the signal lights was causing harmful interference to a
3. On October 24, 2007, agents from the Tampa Office determined that the
wireless station was operating at Latitude 26 52 17 N and Longitude
082 18 37 W just south of Englewood, FL. According to Traffic
Controll's license, call sign WPNP358, its area of operation is
limited to a 32 km radius around Latitude 28 00 14.1 N and Longitude
082 22 38.3 W (Tampa, Florida). The bridge in Englewood is not within
a 32 km radius of Tampa. The representative from Traffic Controll
stated on October 24, 2007 that he had only just learned of the
geographic limitation of its license.
4. On October 26, 2007, an agent from the Tampa Office reminded a
representative from Traffic Controll that it was operating outside its
licensed 32 km radius and was continuing to cause interference to a
licensed user. The representative from Traffic Controll stated the
bridge transmitter would be "hard-wired" by the end of the week so the
transmitter could be turned off.
5. On November 2, 2007 the agent received a message from Traffic Controll
that it had installed a cable to "hard-wire" the traffic signals and
had turned the transmitter off. On November 5, 2007, a representative
from station WPFS376 confirmed the interference stopped on November 2,
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) of the Act 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 90.403(a)(2) of the Rules requires that licensees in the
Private Land Mobile Radio Services ("PLMRS") shall be directly
responsible for the proper operation and use of each transmitter for
which they are licensed. In this connection, licensees shall exercise
such direction and control as to assure that the transmitter is being
operated ... only in a permissible manner. Traffic Controll's license,
call sign WPNP358, only authorizes it to operate its mobile station
within a 32 km radius around center point of Latitude 28 00 14.1 N and
Longitude 082 22 38.3 W on the frequency 467.8375 MHz (this
corresponds to Tampa, Florida). On October 23 and 24, 2007, agents
from the Tampa Office observed the WPNP358 mobile radio base station
operating at a Latitude of 26 52 17 N and a Longitude of 082 18 37 W
on the frequency of 467.8375, which is approximately 125 km outside of
Latitude 28 00 14.1 N and Longitude 082 22 38.3 W. Traffic Controll
began its operation in late August/early September 2007 and did not
discontinue its operation of its radio transmitter from this location
until November 2, 2007. Traffic Controll's operation at an
unauthorized location caused interference to a co-channel licensee.
Based on the evidence before us, we find that Traffic Controll
apparently willfully and repeatedly violated Section 90.403(a)(2) of
the Rules by operating station WPNP358 for several months, on
frequency 467.8375 MHz, outside of the 32 km radius specified within
8. 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 operating at 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 of the Rules, and the statutory factors
to the instant case, we conclude that Traffic Controll is apparently
liable for a $4,000 forfeiture.
III. ORDERING CLAUSES
9. 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, Traffic Controll Products of Florida
Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
the amount of four thousand dollars ($4,000) for violation of Section
90.403 of the Rules.
10. 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, Traffic Controll
Products of Florida Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
11. Payment of forfeiture must be made by credit card through the
Commission's Revenue and Receivables Operations Group at (202)
418-1995, or by check or similar instrument, payable to the order of
the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced above. Payment by check or
money order may be mailed to Federal Communications Commission, P.O.
BOX 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be
sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may
be made to ABA Number 021030004, receiving bank Federal Reserve Bank
of New York, and account number 27000001. Request for full payment
under an installment plan should be sent to: Chief Financial Officer
-Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554. Questions, please contact the Financial Operations Group
Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov .
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
2203 N. Lois Ave., Suite 1215, Tampa Florida, 33607, 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
13. 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.
14. 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 Traffic Controll Products of Florida
Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 C.F.R. S: 90.403(a)(2).
47 U.S.C. S: 503(b).
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: 90.403(a)(2).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
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, 90.403.
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Federal Communications Commission
Federal Communications Commission