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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number EB-09-SD-0057
Gila Electronics Inc.
) NAL/Acct. No.201032940002
Licensee of Station WNTB570
) FRN 0001596345
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 27, 2010
By the District Director, San Diego Office, Western Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Gila Electronics Inc. ("Gila"), licensee of Private Operational
Fixed Point-to-Point Microwave radio station WNTB570, has apparently
repeatedly and willfully violated Section 1.903(a) of the Commission's
Rules ("Rules") by failing to operate the radio station at the
authorized location and by providing an improper private carrier
service not in accordance with the rules applicable to this particular
radio service. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Gila is
apparently liable for a forfeiture in the amount of four thousand
2. On September 24, 2009, agents from the Enforcement Bureau's San Diego
Office conducted a routine inspection of FM Broadcast radio station
KUKY(FM), Wellton, Arizona, at their main studio location at 2433 E.
Palo Verde St. Yuma, Arizona. During the inspection, the agents
discovered what appeared to be a 950 MHz studio-to-transmitter link in
operation, which was relaying the broadcast program material from the
main studio to the FM transmitter site at Telegraph Pass near Wellton,
Arizona. The staff at KUKY advised that the transmitter was installed
by Gila Electronics Inc., a local communications company, before KUKY
became operational on May 20, 2009.
3. Gila was contacted by telephone and a technician was dispatched to
KUKY(FM). The technician stated that Gila had been providing technical
support to KUKY, including the installation of the transmitter, which
was using frequency 956.65 MHz, a Private Operational Fixed
Point-to-Point Microwave radio service frequency. The Gila technician
furnished a copy the radio station license for 956.65 MHz, with call
sign WNTB570, authorized as a Private Operational Fixed Point-to-Point
Microwave radio station under Subpart H of Part 101 of the Rules.
4. The location for WNTB570 was listed as Telegraph Pass near Wellton,
Arizona with geographical coordinates of 32-o 40' 22.1" north latitude
and 114-o 20' 16.7" west longitude. However, the microwave station was
installed at the studio of KUKY (2433 E. Palo Verde St., Yuma,
Arizona) with approximate geographical coordinates of 32-o 40' 36"
north latitude and 114-o 35' 33" west longitude. The FCC agents
confirmed by measurement that a signal on 956.65 MHz was emanating
from KUKY's main studio location and they noted a directional
microwave antenna was mounted atop the roof of the studio building,
aimed towards Telegraph Pass, and the microwave signal was carrying
the broadcast programming material of KUKY.
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 1.903(a) 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, and with a valid
authorization granted by the Commission. At the time of the inspection
on September 24, 2009, Gila was found operating radio station WNTB570
from a location inconsistent with the station's authorized
coordinates. The distance separating the point of actual operation
from that of the license authorized location was approximately 24 km
(14.9 miles) a difference of approximately 14 seconds of latitude and
15 minutes and 16 seconds of longitude. Gila was aware of the correct
location for WNTB570, having produced the license for the San Diego
agents during the inspection, therefore the violation was willful. The
station was installed at the KUKY studio prior to May 20, 2009 and has
been in continuous operation at the unauthorized location to the date
of inspection; therefore, the violation was repeated.
7. Gila appears to be providing a private carrier service, as defined
under Section 101.3 of the Rules, to Hispanic Target Media, Inc.,
licensee of KUKY, an entity that is eligible for licensing under Part
90 of the Rules. Pursuant to Section 101.135 of the Rules, a licensee
of a Private Operational Fixed Point-to-Point Microwave radio station
may provide private carrier service to any eligible entity for
licensing under this part, regardless of individual eligibility
restrictions, provided that the communications being carried are
permissible under Section 101.603 of the Rules. One of the restricted
uses, pursuant to Section 101.603(a)(7) of the Rules, is that
licensees may transmit program material from one location to another,
provided that the frequencies do not serve as the final RF link in the
chain of distribution of the program material to a broadcast station.
In this case, the microwave radio station WNTB570 is providing the
final RF link to the KUKY transmitter site and is relaying program
material for that broadcast station. Therefore, Gila may not provide a
private carrier service to KUKY in this instance as the usage of the
frequency 956.65 MHz to relay broadcast program material as the final
RF link to the radio broadcast transmitter is not permitted. Gila was
aware and participating in the usage of its microwave station to
provide the final RF link to KUKY, therefore, the violation is
willful. The station was installed at the KUKY studio prior to May 20,
2009 and the usage as a studio transmitter link was apparently
continuous until the date of inspection, therefore, the violation was
8. Based on the evidence before us, we find that Gila apparently
willfully and repeatedly violated Section 1.903(a) of the Rules by
failing to operate in accordance with the rules applicable to their
particular service as set forth in the Commission's Rules and with the
terms of its 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 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)(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, we conclude that Gila is apparently liable for a $4,000
forfeiture for its operation at an unauthorized location and its
improper provision of a private carrier service to KUKY(FM).
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, Gila Electronics Inc. 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, Gila Electronics Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
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/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. Gila Electronics Inc., will
also send electronic notification on the date said payment is made to
13. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Western Region, San Diego Office, 4542
Ruffner St., Suite 370, San Diego, CA 92111 and must include the
NAL/Acct. No. referenced in the caption. An electronic copy shall be
sent to WR-Response@fcc.gov.
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. 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 Gila Electronics Inc.
FEDERAL COMMUNICATIONS COMMISSION
William R. Zears Jr.
San Diego District Office
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 503(b).
The copy of the license for WNTB570 provided by Gila had an expiration
date of June 14, 2001. However, Commission's records indicate the station
was timely renewed and now has an expiration date of June 14, 2011.
47 C.F. R. Subpart H, Part 101.
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: 101.3.
47 C.F.R Part 90.
47 C.F.R. S: 101.135.
47 C.F.R. S: 101.603.
47 C.F.R. S: 101.603(a)(7).
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, 1.903(a).
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission