Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from
WordPerfect or Word to ASCII Text format.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Word or WordPerfect version or Adobe Acrobat version (above).

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                        )
                              )
WWC License LLC                    )   
Licensee of Microwave Stations WPJD256  )    
WPJE660 and WPJA761           )         File No. EB-00-TS-283
Kansas                                            )         

NAL/Acct. No. 200132100014
                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted: June 5, 2001                   Released: June 7, 
2001

By the Chief, Enforcement Bureau:

                        I.   Introduction

1.   In this Notice of Apparent Liability for Forfeiture, we find 
that WWC  License LLC  (WWC),  operated microwave  relay  systems 
without  Commission  authorization,  in  apparent  violation   of 
Section 301  of the  Communications Act  of 1934  (``Act'')1,  as 
amended, and  Section 101.31(b)(iii)  of the  Commission's  Rules 
(``Rules'').2  We conclude  that WWC is  apparently liable for  a 
forfeiture in the amount of five thousand dollars ($5,000).  

                         II.  Background

2.   WWC's applications for fixed point to point microwave  radio 
Stations WPJE660,  WPJD256, WPJA761  were  received on  March  9, 
2000.  After  that  date,  the  applicant  began  operating   the 
facilities  under  Rule  101.31(b)(2).  This  rule  states   that 
conditional authority ceases  if the application  is returned  by 
the Commission because it is not acceptable for filing.
      
3.   On June 29,  2000 the Commission  returned the  applications 
because the  bandwidth  exceeded  the  maximum  allowed  for  the 
operating frequency  the applicant  applied for.   The  applicant 
made a  request for  special temporary  authority to  operate  on 
August 10,  2000. The  Wireless Bureau  granted this  request  on 
August 29, 2000. Between  June 29, 2000 and  August 29, 2000  WWC 
failed to cease operation.

                        III.  Discussion

4.   Section 301 of the Act  sets forth the general mandate  that 

no person shall use or operate any apparatus for the transmission 

of energy or communications or signals by radio within the United 

States except under  and in accordance  with the Act  and with  a 

license.  Section  101.31 of  the  Rules provides,  in  pertinent 

part, that  stations  in  the Fixed  Microwave  Service  must  be 

operated with a valid Commission authorization.  We conclude that 

WWC operated microwave stations  without a valid license  between 

June 29,  2000, and  August  29, 2000,  in apparent  willful  and 

repeated violation of Section 301 of the Act and Section 22.3  of 

the Rules. 

5.    The guidelines  contained  in the  Commission's  Forfeiture 
Policy Statement, 12 FCC Rcd 17087, 17113 (1997), recon.  denied, 
15 FCC  Rcd  303 (1999),  specify  a base  forfeiture  amount  of 
$10,000 for operation without an instrument of authorization  for 
the service.   Section  503(b)(2)(D)  of the  Act3  requires  the 
Commission to consider  ``the  nature, circumstances, extent  and 
gravity of the violation, and, with respect to the violator,  the 
degree of culpability, any history of prior offenses, ability  to 
pay, and such other matters  as justice may require.''   In  this 
case, WWC operated microwave stations  for a period between  June 
29, 2000 and  August 29, 2000  without Commission authority.  WWC 
commenced operation  with  a  transmitter  system  that  did  not 
qualify for a conditional  authorization. This is not  comparable 
to intentional unlicensed operations,  which typically have  been 
subject to forfeitures of  approximately $10,000.4  Taking  these 
facts into  consideration  and all  of  the factors  required  by 
Section  503(b)(2)(D)  of  the  Act  and  the  Forfeiture  Policy 
Statement, we conclude that a forfeiture of $5,000 is warranted.

                      IV.  Ordering Clauses
  
6.   Accordingly, IT IS ORDERED THAT, pursuant to Section  503(b) 

of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, WWC 

is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE  in 

the amount  of  $5,000  for  violation  of  Section  301  of  the 

Communications Act of 1934, as amended, and Section 101.31 of the 

Commission's Rules.  The  amount specified  was determined  after 

consideration of the factors set forth in Section 503(b)(2)(D) of 

the Act, 47 U.S.C.   503(b)(2)(D) and the guidelines  enumerated 

in the Forfeiture Policy Statement.

7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of  the 

Commission's Rules, within  thirty days  of the  release of  this 

NOTICE OF APPARENT LIABILITY,  WWC SHALL PAY  the full amount  of 

the proposed forfeiture or SHALL FILE a written statement seeking 

reduction or cancellation of the proposed forfeiture.

8.        Payment of the forfeiture  may be made  by a check,  or 

similar  instrument,  payable  to   the  order  of  the   Federal 

Communications Commission, to the Forfeiture Collection  Section, 

Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 

73482, Chicago, Illinois 60673-7482.  The payment should note the 

NAL/Acct. No.:?????200132100014

9.   The  response,   if  any,   must   be  mailed   to   Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety  Division, 445  12th Street,  SW, Washington,  D.C.  

20554, Ref: EB-00-TS-283; NAL/Acct. No.: 20013210014

10.       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.

11.  Requests for payment of  the full amount  of this Notice  of 
Apparent Liability under an installment  plan should be sent  to: 
Chief, Revenue and Receivables Operations Group, 445 12th Street, 
S.W., Washington, D.C. 20554.7
     

12.        IT IS FURTHER ORDERED THAT this notice shall be  sent, 
by certified mail, return receipt  requested, to WWC License  LLC 
3650 131st Ave., S.E.  Suite 400   Bellevue Washington 98006  and 
to its counsel William J. Hackett , 2300 M. St. N.W.  Washington, 
DC 20037.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Joseph P. Casey
                              Chief, Enforcement Bureau
                              Technical And Public Safety 
Division
  

 


_________________________

1  47 U.S.C.  301.

2 47 C.F.R.  22.3.

3 47 U.S.C. 503(b)(2)(D).

4 See, e.g., Jean R. Jonassaint, 15 FCC Rcd 10422 (Enf. Bur. 
2000).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, and 1.80.

7 See 47 C.F.R.  1.1914.