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

In the Matter of                )
                                )
CHECKPOINT OF PENNSYLVANIA, INC.)    File No. EB-00-TS-292
Licensee of Paging Station WPCA811   )  NAL/Acct.             No. 
200132100010                    
Williamsport, Pennsylvania     ) 
                                     
                  MEMORANDUM OPINION AND ORDER 

Adopted:  February 12, 2001                  Released:   February 
14, 2001

By the Chief, Technical  and Public Safety Division,  Enforcement 
Bureau:

                        I.  INTRODUCTION

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  cancel the proposed  monetary forfeiture in the amount of  five 
  thousand dollars  ($5,000) against Checkpoint of  Pennsylvania, 
  Inc.  (``Checkpoint'') for  willful and  repeated violation  of 
  Section  301 of  the Communications  Act  of 1934,  as  amended 
  (``Act''),  and  Section 1.903(a)  of  the  Commission's  Rules 
  (``Rules'').1   The  noted  violation  involves  operation   of 
  Paging Station WPCA811 without a valid Commission license. 

2.        On December 14, 2000,  the Chief, Technical and  Public 
  Safety  Division,  Enforcement  Bureau,  issued  a  Notice   of 
  Apparent Liability  (``NAL'') for Forfeiture  in the amount  of 
  five  thousand dollars  ($5,000) to  Checkpoint for  the  noted 
  violation.2  Checkpoint filed a response to the NAL on  January 
  16, 2001.


                         II.  BACKGROUND

3.        Checkpoint's authorization for  Paging Station  WPCA811 
  expired on  March 4,  1999.  On December  16, 1999,  Checkpoint 
  filed an application for renewal of the authorization for  that 
  station  and requested  a waiver  of  Section 1.949(a)  of  the 
  Rules.3  On April 3, 2000, the Commission granted  Checkpoint's 
  waiver request and reinstated its authority to operate  Station 
  WPCA811.

4.        On December 14, 2000, the Enforcement Bureau,  pursuant 
  to Section  503(b) of the Act,  and Sections 0.111, 0.311,  and 
  1.80 of the Rules,4 issued the referenced NAL in the amount  of 
  five  thousand dollars  ($5,000)  to Checkpoint  for  operating 
  without a valid license.

5.        In its response to the NAL, Checkpoint argues that  the 
  one-year  statute   of  limitations  in  Section   503(b)(6)(B) 
  prohibits   the   Commission   from   imposing   the   proposed 
  forfeiture.5  In  support of its  assertion, Checkpoint  states 
  that  it  received Special  Temporary  Authority  (``STA'')  to 
  operate Station  WPCA811 on  December 6,  1999, shortly  before 
  December 14,  the ``cut-off date''  under Section  503(b)(6)(B) 
  of the  Act.  In view of the  fact that Checkpoint had STA,  it 
  had no unauthorized operation during the period December  6-16, 
  1999, and the  Commission is barred from imposing the  proposed 
  forfeiture.  Finally,  Checkpoint contends that the  Commission 
  failed to apply  all the relevant downward adjustment  criteria 
  in this case.

                      III.      DISCUSSION

6.        Section  503(b)(6)(B)   of   the  Act   provides   that 
  forfeitures may not be imposed against any person who is not  a 
  broadcast station  licensee if the  violation charged  occurred 
  more  than one  year  prior to  the  date of  issuance  of  the 
  required  notice  of apparent  liability.6   The  violation  at 
  issue here  occurred March 4, 1999,  through December 5,  1999, 
  more  than  one year  prior  to  the issuance  of  the  NAL  on 
  December  14, 2000.   As  the licensee  correctly  points  out, 
  there was  no unlicensed  operation of  Station WPCA811  during 
  the period December 6-16, 1999, because Checkpoint had STA  for 
  this  period.   Accordingly,  the  NAL  had  to  be  issued  by 
  December 5, 2000, to be timely.  

7.        The NAL was issued to Checkpoint on December 14,  2000, 
  and thus  was not issued within one  year of the occurrence  of 
  the violation, as required by Section 503(b)(6)(B) of the  Act.  
  As  a result,  we conclude  that cancellation  of the  proposed 
  monetary forfeiture  is warranted.  In light  of the fact  that 
  the  proposed monetary  forfeiture is  cancelled, we  need  not 
  reach   Checkpoint's  arguments   concerning   application   of 
  downward   adjustment   criteria,   and   consequently,   those 
  arguments are  dismissed as moot.   However, Checkpoint's  late 
  filing   of   its   renewal   application   does   warrant   an 
  admonishment. 

                      IV.  ORDERING CLAUSES

8.        Accordingly, IT IS ORDERED  that, pursuant to  Sections 
  0.111, 0.311,  and 1.80(f)(4) of  the Commission's Rules,7  the 
  forfeiture  in the  amount of  $5,000 proposed  by the  NAL  IS 
  CANCELLED but  Checkpoint IS ADMONISHED  that it must  strictly 
  comply with Section 301 of the Act and Section 1.903(a) of  the 
  Commission's Rules in the future.

9.        IT IS FURTHER  ORDERED that a  copy of this  Memorandum 
  Opinion  and Order  shall be  sent  by certified  mail,  return 
  receipt requested, to  counsel for Checkpoint of  Pennsylvania, 
  Inc.,  William J.  Franklin, Esq.,  Law Offices  of William  J. 
  Franklin, Chartered, 1200  G St., N.W., Suite 800,  Washington, 
  D.C. 20005-3814, and  to Checkpoint of Pennsylvania, Inc.,  419 
  W Fourth Street, Williamsport, Pennsylvania, 17701.

                         FEDERAL COMMUNICATIONS COMMISSION
                         
                         

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

  1  47 U.S.C.  301; 47 C.F.R.  1.903(a).

  2  Notice of  Apparent Liability,  NAL Acct.  No.  200132100010 
(Enf. Bur., rel. December 14, 2000).

  3  47 C.F.R.  1.949(a).

  4  47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, and 1.80.

  5  47 U.S.C.  503(b)(6)(B).

  6 47 U.S.C.  503(b)(6)(B).

  7 47 C.F.R.  0.111, 0.311, 1.80(f)(4).