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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Data Investments, Inc. ) File Number EB-
d/b/a Star Communications )
P.O. Box 537 )
Cape Girardeau, Missouri 63702-0537 ) NAL/Acct.
Adopted: April 9, 2001 Released:
April 11, 2001
By the Chief, Enforcement Bureau:
1 In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of two thousand dollars
($2,000) against Data Investments, Inc., d/b/a Star
Communications (``Star''), Cape Girardeau, Missouri, for
willfully and repeatedly violating Section 301 of the
Communications Act of 1934 (``Act''),1 as amended, and
Section 22.3 of the Commission's Rules (``Rules'').2 The
noted violations involve Star's operation of four Public
Mobile (paging) radio stations KNKC938, KNKJ977, KNKC272,
and KNKC934 after its licenses for those stations had
2. On November 27, 2000, the Enforcement Bureau Chief
issued a Notice of Apparent Liability (``NAL'') for
Forfeiture in the amount of five thousand dollars ($5,000).3
Star filed its response on January 17, 2001.
3. Between the expiration of Star's authorization for
Stations KNKC938, KNKJ977, KNKC272 and KNKC934, on April 1,
1999, and the grant of its renewal application, Star had no
authority to operate those stations. On December 27, 1999,
Star filed, with its renewal application, a request for a
waiver of Section 1.949 of the Rules.4 Star's waiver
request indicates that Star operated Stations KNKC938,
KNKJ977, KNKC272 and KNKC934 without authorization between
April 1, 1999 and December 27, 1999. On March 20, 2000, the
Commission staff granted Star's waiver request and
reinstated its authority to operate Stations KNKC938,
KNKJ977, KNKC272 and KNKC934.
4. In its response to the NAL, Star contends that
imposition of the proposed monetary forfeiture would be
unjust because Star submitted a renewal application before
its licenses expired, which apparently ``went to the wrong
department or was lost.'' According to Star, it mailed this
application on November 17, 1998, to: ``License Renewal
Division, Federal Communications Commission, 445 12th
Street, S.W., Washington, D.C. 20554.'' Star asserts that
the FCC did not respond to inquiries about the application's
5. As the NAL explicitly states, the forfeiture amount
in this case was assessed in accordance with Section 503 of
the Communications Act of 1934, as amended (``Act''),5
Section 1.80 of the Rules, 6 and The Commission's Forfeiture
Policy Statement and Amendment of Section 1.80 of the Rules
to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Policy
Statement''). Section 503(b) of the Act requires that, in
examining Star's response, the Commission take into account
the nature, circumstances, extent and gravity of the
violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay,
and other such matters as justice may require.7
6. Section 301 of the Act sets forth the general
mandate that no person shall use or operate any apparatus
for the transmission of energy or communications or signals
by radio within the United States except under and in
accordance with the Act and with a license. Section 22.3 of
the Rules provides, in pertinent part, that stations in the
Public Mobile Service must be operated with a valid
7. Star filed its response to the NAL three weeks
late. However, because consideration of that response
facilitates the proper resolution of this matter, we will
8. The Commission has no record of the application
described in Star's response to the NAL and Star presents no
evidence that such an application was ever received by the
Commission. However, Star has consistently maintained, in
correspondence sent both before and after the issuance of
the NAL, that it did mail such an application. In light of
the circumstances of this case, we will give Star the
benefit of any doubt and assume that it mailed such an
application to the Commission on or about November 17, 1998.
9. As described in Star's response to the NAL, the
application Star says it filed has defects which include:
(1) Star did not send its application to the Mellon
Bank, in Pittsburgh, Pennsylvania, as required by
Section 0.401(b) of the Rules.8 Instead, it mailed the
application to ``License Renewal Division,'' which did
(2) Star used FCC Form 600. Section 22.145 of the
Rules,9 then in effect, required the use of FCC Form
10. In view of these defects, we find that rescission
of the monetary forfeiture is not warranted. However, even
though the application dated November 17, 1998, is
defective, its submission does demonstrate good faith and,
therefore, justifies mitigation of the forfeiture amount.
11. We conclude that Star willfully and repeatedly
violated Section 301 of the Act and Section 22.3 of the
Rules by operating Stations KNKC938, KNKJ977, KNKC272, and
KNKC934 without Commission authorization between April 1,
1999 and December 27, 1999. Taking the above statutory
factors into account as well as the factors set forth in the
Policy Statement, we conclude that the proposed monetary
forfeiture should be mitigated to $2,000.
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Act, and Sections 0.111, 0.311 and
1.80(f)(4) of the Rules,10 Star IS LIABLE FOR A MONETARY
FORFEITURE in the amount of two thousand dollars ($2,000)
for operating a paging system without Commission
authorization in willful and repeated violation of Section
301 of the Act and Section 22.3 of the Rules.
13. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules11 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.12 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.
No. 20013210000. 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. 20554.13
14. IT IS FURTHER ORDERED THAT a copy of this order
shall be sent, by certified mail, return receipt requested,
to Timothy J. Singleton, Data Investments, Inc., d/b/a Star
Communications, P.O. Box 537, Cape Girardeau, Missouri
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
1 47 U.S.C. § 301.
2 47 C.F.R. § 22.3.
3 Data Investments, Inc., 15 FCC Rcd 23730 (Enf. Bur.,
4 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.
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80.
7 47 U.S.C. § 503(b)(2)(D).
8 47 C.F.R. § 0.401(b).
9 47 C.F.R. § 22.145. This section was superseded on
December 14, 1998, by 47 C.F.R. § 1.949.
10 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
11 47 C.F.R. § 1.80.
12 47 U.S.C. § 504(a).
13 See 47 C.F.R. § 1.1914.