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


In the Matter of                        )
                              )
Califormula, Inc.                  )    File No. EB-00-SD-
248
Chula Vista, California                 )    NAL Acct. No. 
200132940001


                      FORFEITURE ORDER

     Adopted: February 8, 2001                    Released: 
February 12, 2001

By the Chief, Enforcement Bureau:


     1.   In this  Forfeiture Order (``Order''), we  issue a 
$10,000    forfeiture     to    Califormula    Broadcasting1 
(``Califormula'')   for  violating   Section   301  of   the 
Communications Act of 1934,  as amended (``Act'').2  In July 
of   2000,  Califormula   operated  an   unlicensed  private 
microwave radio station from Chula Vista, California.   

     2.   On July 26, 2000,  investigating a complaint about 
interference,   agents  from   the  Federal   Communications 
Commission's  (``FCC'') San  Diego, California  Field Office 
inspected  a  private   operational  fixed  microwave  radio 
station broadcasting on 23,225  MHz from 1690 Frontage Road, 
Chula  Vista, California.   The  agents met  with the  radio 
station's  owner  and  manager.  He  said  that  Califormula 
operated the  radio station  and showed  the agents  its FCC 
license.  The  agents found,  however, that the  FCC license 
for  the radio  station authorized  Noventa FM  90, Inc.  to 
operate the radio  station from 1229 Third  Avenue, Suite C, 
Chula  Vista, California.   Consequently,  the Field  Office 
District  Director issued  a  Notice  of Apparent  Liability 
(``NAL'') to Califormula.3

     3.   In its response to the NAL, Califormula presents a 
copy of the Restated Articles of Incorporation of Noventa FM 
90,  Inc. (``Noventa'')  to support  its claim  that Noventa 
changed   its  name   in  July   of  1996   to  Califormula.  
Califormula also  attaches a copy  of its FCC Form  601,4 in 
which Noventa asked the FCC  to approve, among other things, 
Noventa's  proposed move  of its  radio station  transmitter 
from 1229 Third  Avenue to 1696 Frontage  Road, Chula Vista, 
California.5  
     4.   Citing  Section 101.31(b)(1)  of the  Commission's 
Rules   (``Rules''),  Califormula   contends  that   it  had 
conditional FCC  authorization to operate its  radio station 
because its  FCC Form  601, which it  submitted on  March 2, 
1999, was  pending before the FCC.6   Califormula is correct 
that its FCC Form 601 was still pending in July of 2000, but 
is mistaken  in believing  that its radio  station qualified 
for conditional FCC authorization.7

     5.   Califormula's radio  station does not  qualify for 
conditional  FCC  authorization  for two  reasons.   Section 
101.31(b)(1) of the Rules sets forth eight separate criteria 
for  conditional  FCC  authorization,   each  of  which  the 
applicant must meet.  Sections 101.31(b)(1)(v) and (vii) are 
relevant here.

          (v)   The  station  site  does  not  lie 
          within    56.3    kilometers   of    any 
          international  border,  within  a  radio 
          ``Quiet Zone'' identified  in  1.924 of 
          this   chapter   or,  if   operated   on 
          frequencies in  the 17.819.7  GHz band, 
          within any of the  areas identified in  
          1.924 of this chapter;

          . . .

          (vii)  The filed application(s) does not 
          propose to operate  in the 21.223.6 GHz 
          band with an E.R.P.  greater than 55 dBm 
          pursuant to  101.147(s)[.]

     6.   Califormula's  radio  station,   located  at  1690 
Frontage Road,  lies within approximately 6.5  kilometers of 
the Mexican  border.8  Section 101.31(b)(1)(v) of  the Rules 
sets  56.3  kilometers  as   the  minimum  distance  between 
Califormula's   radio  station   and  the   Mexican  border.  
Califormula's  radio station  did  not  comply with  Section 
101.31(b)(1)(v) of  the Rules because  it was closer  to the 
Mexican border  than the minimum 56.3  kilometer separation.  
Califormula's radio  station also fails  to meet the  55 dBm 
Effective  Radiated  Power  (``ERP'')  limit  set  forth  in 
Section  101.31(b)(1)(vii) of  the Rules.   In its  FCC Form 
601, Califormula states that  its radio station's Equivalent 
Isotropically  Radiated   Power  (``EIRP'')  is   63.4  dBm.  
Converting  the  radio station's  EIRP  of  63.4 dBm  to  an 
equivalent  ERP results  in an  ERP  of 61.3  dBm, which  is 
greater  than   the  55  dBm   ERP  limit  set   by  Section 
101.31(b)(1)(vii) of the Rules.9     
     
     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b) of the Act,10  and Sections 0.111, 0.311, and 
1.80(f)(4)  of  the Rules,11  Califormula  IS  LIABLE FOR  A 
MONETARY FORFEITURE  in the amount of  $10,000 for willfully 
and repeatedly violating Section 301 of the Act.

     8.   Payment  of the  forfeiture shall  be made  in the 
manner provided for  in Section 1.80 of  the Rules,12 within 
30 days  of the  release of this  Forfeiture Order.   If the 
forfeiture is not paid within the period specified, the case 
may be referred to the  Department of Justice for collection 
pursuant to  Section 504(a)  of the  Act.13  Payment  may be 
made by  mailing a check  or similar instrument,  payable to 
the order of the ``Federal Communications Commission,'' to

          Federal Communications Commission
          P.O. Box 73482
          Chicago, Illinois 60673-7482.
          RE: NAL Acct. No. 200132940001

The  payment   should  note   NAL  Acct.   No.  200132940001 
referenced  above.   Requests  for  full  payment  under  an 
installment plan should  be sent to: Chief,  Credit and Debt 
Management Center,  445 12th Street, S.W.,  Washington, D.C. 
20554.14
      
     9.   IT  IS  FURTHER  ORDERED   that  a  copy  of  this 
Forfeiture  Order shall  be  sent by  Certified Mail  Return 
Receipt Requested  to David M. Silverman,  Esq., counsel for 
Califormula,  at  Cole,  Raywid &  Braverman,  L.L.P.,  1919 
Pennsylvania  Avenue,  N.W.,  Suite  200,  Washington,  D.C. 
20006.
 


                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1  According  to the  response  to  the NAL,  ``Califormula, 
Inc.'' is the proper name for the entity.

2 47 U.S.C.  301.

3 NAL  Acct. No.  200132940001 (Enf.  Bur., San  Diego Field 
Office, rel. Oct. 13, 2000).

4  FCC Application  for  Wireless Telecommunications  Bureau 
Radio Service Authorization. 

5 For  purposes of this  Order, we find  inconsequential the 
discrepancy between  the 1690  Frontage Road address  in the 
NAL and  Califormula's response  and the 1696  Frontage Road 
address in Noventa's FCC Form 601.
6 47 C.F.R.  101.31(b)(1).

7 The Wireless Telecommunications Bureau dismissed 
Califormula's FCC Form 601 on August 27, 2000.
  
8  Using  1696 Frontage  Road  as  part of  the  measurement 
calculus,  see   n.5,  would   not  materially   change  the 
separation between the radio station and the Mexican border. 

9 To convert from EIRP to ERP, we subtracted 2.15 dB from 
the known EIRP dBm value.

10 47 U.S.C.  503(b). 

11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
 
12 47 C.F.R.  1.80.

13 47 U.S.C.  504(a).

14 See 47 C.F.R.  1.1914.