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                              Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C.  20554


In the Matter of                   )    
                              )    
Elmont Trans Med Corporation            )    File  No.  EB-00-TS-
221
1305 Hempstead Turnpike            )
Elmont, New York 11003             )
                                                                             
) 
Licensee of Station WIL722              )    

                  MEMORANDUM OPINION AND ORDER

Adopted:  July 31, 2001                      Released:  August 2, 
2001

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  grant in  part a  petition for  reconsideration filed  February 
  22,   2001  by   Atlantic  Telecommunications   (``Atlantic'').  
  Atlantic seeks reconsideration of the January 23, 2001,  letter 
  decision  of the  Deputy  Chief, Technical  and  Public  Safety 
  Division,  which denied  Atlantic's request  that a  Notice  of 
  Violation and  Order to Discontinue  Unauthorized Operation  be 
  issued to Elmont  Trans Med Corporation (``Elmont''),  licensee 
  of Station WIL722.

2.        In a complaint  filed March 8,  2000, Atlantic  alleged 
  that  Elmont did  not  timely  construct its  station  and  was 
  operating at  an unauthorized site  in violation of  Commission 
  rules.  The complaint  alleged that Elmont's failure to  timely 
  construct was  verified by monitoring  of the shared  frequency 
  pair on which Station WIL722 is licensed to operate1  conducted 
  by New  York Radio Service, Inc.  (``New York Radio'')  between 
  January  13, 1996  and  February  1, 1997,  and  by  subsequent 
  conversations  with Elmont  personnel.  The  complaint  further 
  alleged  that  in December  1998,  New  York  Radio  determined 
  through subsequent  monitoring that Elmont  had placed  Station 
  WIL722 into  operation, and  that in September  1999, New  York 
  Radio  determined  through direction  finding  techniques  that 
  Elmont  was  operating   Station  WIL722  at  an   unauthorized 
  location  in the  vicinity  of Queens  Boulevard,  Queens,  New 
  York.   The January  23, 2001,  letter decision  noted that  in 
  March  2000,  after  Atlantic's  complaint  was  filed,  Elmont 
  contacted the  FCC's New York  Field Office to  advise the  FCC 
  that its  radio equipment  associated with  Station WIL722  had 
  been  inadvertently placed  in operation  at Queens  Boulevard, 
  the location for Elmont's other station, WIL708.  The New  York 
  Field Office  instructed Elmont to move  Station WIL722 to  its 
  authorized  location  in order  to  correct  the  problem.   On 
  August  10, 2000,  the  New  York Field  Office  verified  that 
  Elmont was operating Station WIL722 at its authorized  location 
  in  North  Shore  Towers, Queens,  New  York.   Based  on  this 
  information, the letter decision concluded that no  enforcement 
  action was warranted.  

3.        In its  petition for  reconsideration, Atlantic  argues 
  that  the  letter   decision  incorrectly  concluded  that   no 
  enforcement  action was  warranted.   Atlantic states  that  it 
  provided  extensive  evidence  that  Station  WIL722  was   not 
  operational for more than  a year and that when it did  operate 
  it did so  at an unauthorized location.  Citing Section  90.157 
  of the  Commission's Rules (``Rules''),2  Atlantic states  that 
  it  appears   that  Station  WIL722  permanently   discontinued 
  operations   and   that  its   associated   license   cancelled 
  automatically.

4.        Section 1.903(a) of  the Rules  provides, in  pertinent 
  part,  that stations  in the  Wireless Radio  Services must  be 
  used   and  operated   only   in  accordance   with   a   valid 
  authorization  granted  by the  Commission.3   Elmont  admitted 
  that  it  placed  Station  WIL722  into  operation  at   Queens 
  Boulevard, rather than  its authorized location in North  Shore 
  Towers.   We  admonish Elmont  for  its  operation  of  Station 
  WIL722 from  an unauthorized location  in violation of  Section 
  1.903(a).4  

5.        Whether Elmont's  license  cancelled  automatically  in 
  1996 or 1997  due to discontinuance of operation under  Section 
  90.157 of  the Rules is  a separate licensing  issue, which  we 
  are  hereby   referring  to  the  Wireless   Telecommunications 
  Bureau.   Because we  are  referring the  license  cancellation 
  issue to  the Wireless Telecommunications  Bureau, we  conclude 
  that no enforcement action  on this issue is warranted at  this 
  time.

6.        Accordingly, IT IS ORDERED, pursuant to Section 405  of 
  the Communications  Act of 1934, as  amended, 47 U.S.C.   405, 
  and Section  1.106 of the  Rules, 47 C.F.R.   1.106, that  the 
  petition  for  reconsideration  filed  February  22,  2001,  by 
  Atlantic Telecommunications IS GRANTED to the extent  indicated 
  herein and IS OTHERWISE DENIED.

7.        IT IS FURTHER ORDERED that Elmont Trans Med Corporation 
  IS   ADMONISHED   for  operating   Station   WIL722   from   an 
  unauthorized location in  violation of Section 1.903(a) of  the 
  Rules.
8.        IT IS FURTHER ORDERED that a copy of this Order be sent 
  Certified  Mail  Return   Receipt  Requested  to  counsel   for 
  Atlantic  Telecommunications, Marilyn  S. Mense,  Esq.,  Lukas, 
  Nace,  Gutierrez &  Sachs, 1111  19th Street,  NW, 12th  Floor, 
  Washington, D.C.  20036, and to  Elmont Trans Med  Corporation, 
  1305 Hempstead Turnpike, Elmont, New York 11003.


      
                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

  1  Station WIL722  is licensed  to  operate on  frequency  pair 
472/475.1625 MHz.   Atlantic  is  also  licensed  to  operate  on 
frequency pair 472/475.1625 MHz under call sign WPNS833.

  2  Section 90.157 provides that a station that has not operated 
for  more  than  one  year  is  considered  to  have  permanently 
discontinued  operations  and  that  a  station  license  cancels 
automatically upon  permanent discontinuance  of operations.   47 
C.F.R.  90.157.

  3  47 C.F.R.  1.903(a).

  4  To the extent that Atlantic seeks imposition of a forfeiture 
for  this  violation,  we  note  that  the  one-year  statute  of 
limitations in Section 503(b)(6)(B) of the Communications Act  of 
1934, as amended, 47 U.S.C.  503(b)(6)(B), precludes  imposition 
of a forfeiture against Elmont at this time.