Click here for Adobe Acrobat version

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
Adobe Acrobat version (above).


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

In the Matter of                        )
Statcom Communications Corp.            )    File No. EB-00-
Staten Island, New York            )    NAL Acct. No. 


     Adopted: November 1, 2001                    Released:  
November 5, 2001

By the Chief, Enforcement Bureau:

                      I.   Introduction

     1.   In this Memorandum  Opinion and Order (``Order''), 
we cancel a four thousand dollar ($4,000) Notice of Apparent 
Liability  for Forfeiture  (``NAL'')1 that  the Philadelphia 
Field   Office  issued   to  Statcom   Communications  Corp. 
(``Statcom'') for apparently  violating Section 90.403(e) of 
the Commission's Rules (``Rules'').2  The violation involved 
Statcom's alleged  failure to monitor 461.525  MHz, a shared 
frequency, before transmitting.

     2.   After  reviewing the  record, including  Statcom's 
decision  to cease  operating on  461.525 MHz,3  we conclude 
that  cancellation  of  the  NAL is  warranted.   This  case 
prompts  us,  however,  to   urge  Commission  licensees  to 
consider  their operational  environment  in complying  with 
Section  90.403(e) of  the  Rules.   In some  circumstances, 
licensees  may find  it  prudent to  install more  selective 
monitoring equipment to ensure  that harmful interference to 
shared frequencies is avoided.

     3.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section  504(b)  of  the  Communications Act  of  1934,4  as 
amended, and Section 1.80(f)(4) of the Rules,5 the captioned 
NAL issued to Statcom IS CANCELLED.     
     4.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall be  sent by certified mail,  return receipt requested, 
to Statcom Communications Corp., 1324 Forest Avenue, Staten Island,  New York 10302,  and to its  counsel, Pamela 
Gaary, Esq., Lukas, Nace, Gutierrez & Sachs, Chartered, 1111 
19th Street, N.W., 12th Floor, Washington, D.C. 20036.  


                         David H. Solomon
                         Chief, Enforcement Bureau

1 Statcom Communications Corp., NAL Acct. No. X3240003 (Enf. 
Bur., Phila. Office, rel. Aug. 8, 2000).

2 47 C.F.R.  90.403(e).

3 On  July 31, 2001, the  Wireless Telecommunications Bureau 
granted  Statcom's application  to delete  frequency 461.525 
MHz  from  its  license.   See  Wireless  Telecommunications 
Bureau Application File No. 0000427785.

4 47 U.S.C.  504(b).

5 47 C.F.R.  1.80(f)(4).