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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                              
                                                              
                               )                              
     In the Matter of                          EB-09-LA-0001  
                               )                              
     Tropicana Products Inc.       NAL/Acct. No.200932900006  
                               )                              
     City of Industry, CA                    FRN: 0019140367  
                               )                              
                                                              
                               )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released: September  28, 2009

   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 Tropicana Products Inc. ("Tropicana"), former licensee of PLMRS
       station WPIJ645, in City of Industry, California, apparently 
       willfully and repeatedly violated Section 301 of the Communications
       Act of 1934, as amended ("Act") by operating radio transmitters
       without a license. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Tropicana is
       apparently liable for a forfeiture in the amount of five  thousand
       dollars ($5,000).

   II. BACKGROUND

    2. On May 1, 2009, in response to a complaint about Tropicana's expired
       radio license, WPIJ645, which had authorized operations on
       462.275/467.275 MHz in the City of Industry, California, an agent from
       the Enforcement Bureau's Los Angeles Office employed a Mobile
       Direction Finding ("MDF") vehicle to monitor 462.275/467.275 MHz in
       the City of Industry, CA. Voice transmissions were detected and
       determined to be emanating from Tropicana's complex at 240 N. Orange
       Ave, City of Industry, California, on 462.275 MHz.  The agent then
       conducted an inspection of two portable radios in use at the Tropicana
       complex. Both radios transmitted on the frequency 462.275 MHz.  During
       the inspection, an engineering manager at the complex  informed the
       agent that the radios had been in use for eight to nine years. The
       engineering manager was unable to provide the agent with a copy of a
       FCC license for Tropicana's use of 462.275 MHz.

    3. On May 12, 2009, the Los Angeles Office issued a Letter of Inquiry
       ("LOI") to Tropicana. The LOI requested, in part, a copy of
       Tropicana's authorization to operate transmitters on 462.275 MHz. On
       July 2, 2009, Tropicana telephoned the Los Angeles Office and stated
       that the license had been found, but was expired. The engineering
       manager then contacted the Los Angeles Office on July 6, 2009, and
       asked for information concerning how to renew the license.

    4. Commission records show call sign WPIJ645 was granted to Tropicana
       Products Inc. and listed the frequencies 462.275/467.275 MHz, but the
       authorization expired on September 14, 2005, and was cancelled by the
       Commission on January 7, 2006. Commission records show no current
       authorization for Tropicana to operate on 462.275 MHz in City of
       Industry, California.

   III. DISCUSSION

    5. 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. 

    6. Section 301 of the Act states  that "[no] person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio... except under and in accordance with this Act and
       with a license in that behalf granted under the provisions of this
       Act." Tropicana's license to operate on 462.275 MHz, under call sign
       WPIJ645, expired on September 14, 2005. The investigation on May 1,
       2009, determined that Tropicana was still operating station WPIJ645 on
       462.275 MHz. The engineering manager at the site acknowledged that the
       operation had been ongoing for several years. The violation occurred
       on more than one day, therefore, it was repeated. Having held an
       authorization before, Tropicana was aware such operations required a
       license. Therefore, the violation was willful. Based on the evidence
       before us, we find that Tropicana  apparently willfully and repeatedly
       violated Section 301 of the Act.

    7. 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 is $10,000. 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. Because the Commission considers a licensee who operates with
       an expired license in better stead than a pirate broadcaster who lacks
       prior authority, we downwardly adjust the proposed forfeiture amount
       to $5,000. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Tropicana 
       is apparently liable for a $5,000 forfeiture.

   IV. ORDERING CLAUSES

    8. 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, Tropicana Products Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of five  thousand dollars ($5,000) for violations of Section
       301 of the Act.

    9. 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, Tropicana Products Inc.
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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/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 by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests 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.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Tropicana Products Inc. must
       send electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles Office,
       18000 Studebaker Road, Suite 660, Cerritos, CA 90703 and must include
       the NAL/Acct. No. referenced in the caption. An electronic copy shall
       be sent to WR-Response@fcc.gov.

   12. 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.

   13. 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 Tropicana Products Inc.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   As of the date of this NAL, review of the Commission's databases shows no
   license application on file by Tropicana for this frequency in this
   location.

   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 U.S.C. S: 301.

   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).

   Miller Breweries East, 23 FCC Rcd 127, 129 - 130 (EB 2008).

   47 U.S.C. S:S: 301, 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission