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

In the Matter of                        )
CARMELITA T. GOSSARD               )    File No. EB-00-TS-044
d/b/a AA BEEP                                     )
Licensee of Paging Station KNKK662      )    NAL/Acct. No. X3210-

Cudjoe Key, Florida                )


  Adopted:     March 14, 2001           Released:      March  16, 


By the Chief, Enforcement Bureau:

     1.    In this Memorandum  Opinion and Order (``Order''),  we 
deny the petition of  Carmelita T. Gossard,  d/b/a AA Beep  (``AA 
Beep'') for  reconsideration1 and  affirm the  Forfeiture  Order2 
issued against AA Beep  for willful violation  of Section 301  of 
the Communications Act of 1934,  as amended (``the Act''), 3  and 
Section 22.3  of the  Commission's Rules  (``the Rules'').4   The 
noted violations involve AA Beep's  operation of a paging  system 
without Commission authorization between  April 1 and October  8, 

     2.   On October 10, 2000, the Enforcement Bureau released  a 
Notice of  Apparent Liability  for  Forfeiture (``NAL'')  in  the 
amount of five thousand  dollars ($5,000) to  AA Beep.5  AA  Beep 
did not file a response.   On  January 22, 2001, the  Enforcement 
Bureau released  its Forfeiture  Order affirming  the  forfeiture 
proposed  by  the   NAL.   AA   Beep  filed   its  petition   for 
reconsideration on February 5, 2001.  The petition, in  pertinent 
part, asserts:

          I  am  in  receipt  of  your  letter  .  .  . 
          containing  allegations  that  I  (willfully) 
          violated FCC  rules  by operating  my  Paging 
          Facility   KNKK-662   after   the    licensed 
          authority had expired on  April 1, 1999,  and 
          that I continued this operation until finally 
          the license was  again authorized in  October 

          This allegation  is  totally  and  completely 
          false  and  I  am  respectfully  asking   the 
          Commission to  drop  these  charges  and  any 
          fines imposed by this assumption.

          Contrary to this, I was forced to  change-out 
          my pagers and rent my previous customers on a 
          paging system named (API) who later  bec[a]me 
          (TSR) which has now gone bankrupt, leaving me 
          with their pagers that  I had purchased  from 
          them, leasing service on their paging system.  
          Now I don't  even have  this minimal  income.  
          And (API)  was  one  of  the  largest  paging 
          companies in the U.S., I have been told.

     3.   Between the  expiration  of  its  license  for  station 
KNKK662  on  April  1,  1999,  and  the  grant  of  its   renewal 
application, AA Beep  had no authority  to operate that  station.  
AA Beep  filed, with  its renewal  application, a  request for  a 
waiver of Section 1.949 of  the Rules6 and for Special  Temporary 
Authority  to  continue  operating  Station  KNKK662  during  the 
pendency of its  renewal application.  In  that request, AA  Beep 
asserted that:

          Disruption of service on this frequency would 
          cause hardship to existing subscribers  since 
          this system has been operating many years, is 
          presently  being  used  and  provides  needed 
          communications to businesses in an area  that 
          is not located in  a major metropolitan  area 
          (emphasis added).

This assertion establishes that, although AA Beep may have  later 
terminated operation, as it now  claims, it continued to  operate 
Station KNKK662 after the expiration of its license, in violation 
of Section 301  of the Act  and Section 22.3  of the Rules.   We, 
therefore, can find no basis  for remission or mitigation of  the 
forfeiture and affirm  the Forfeiture Order.   Consistent with  a 
prior statement by the Commission,7 our forfeiture relates to the 
period before AA Beep filed its renewal application.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules8 within 30 days of  the 
release of this 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.9  
Payment may be  made by  mailing a check  or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. number  referenced above.   Requests for  full  payment 
under an installment plan  should be sent  to Chief, Revenue  and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.10

     5.  IT IS FURTHER ORDERED THAT this Order shall be sent,  by 
certified  mail,  return  receipt  requested,  to  Carmelita   T. 
Gossard, d/b/a AA Beep, 22824 Blue Gill Lane, Cudjoe Key, Florida 


                         David H. Solomon
                         Chief, Enforcement Bureau

     1 AA Beep filed a statement in response to the Forfeiture 
Order.  Because there is no provision for responses to Forfeiture 
Orders, we are treating AA Beep's filing as a petition for 
reconsideration of the Forfeiture Order.

     2 Carmelita T. Gossard, d/b/a AA Beep, DA 01-137 (Enf.  Bur. 

     3 47 U.S.C.  301.

     4 47 C.F.R.  22.3.

     5 Carmelita  T. Gossard,  d/b/a AA  Beep, 15  FCC Rcd  19808 
(Enf. Bur. 2000).

     6 47 C.F.R.  1.949(a), which requires that renewal 
applications in the Wireless Radio Services be filed no later 
than the expiration date of the authorization for which the 
renewal is sought.

     7 See Biennial Regulatory Review -- Amendment of Parts 0, 1, 
13, 22, 24, 26, 27, 80, 87, 90, 95, 97, and 101 of the 
Commission's Rules to Facilitate the Development and Use of the 
Universal Licensing System in the Wireless Telecommunications 
Services, Memorandum Opinion and Order upon reconsideration, 14 
FCC Rcd 11476, 11485 (1999).

     8 47 C.F.R.  1.80.

     9 47 U.S.C.  504(a).

     10 See 47 C.F.R.  1.1914.