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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-

003
Cudjoe Key, Florida                )

                  MEMORANDUM OPINION AND ORDER

  Adopted:    April 17, 2001            Released:     April   19, 

2001

By the Chief, Enforcement Bureau:

     1.                                      In  this  Memorandum 
Opinion and Order (``Order''), we review the letter of  Carmelita 
T. Gossard, d/b/a AA  Beep (``AA Beep''),  dated March 25,  2001, 
and find no  basis for  rescinding the  Forfeiture Order1  issued 
against AA  Beep for  willful  violation of  Section 301  of  the 
Communications Act  of  1934, as  amended  (``the Act''),  2  and 
Section 22.3  of the  Commission's Rules  (``the Rules'').3   The 
noted violations involve AA Beep's  operation of a paging  system 
without Commission authorization between  April 1 and October  8, 
1999.

     2.                                    On  October 10,  2000, 
the Enforcement Bureau (``Bureau'') released a Notice of Apparent 
Liability for Forfeiture (``NAL'') in the amount of five thousand 
dollars ($5,000) to AA Beep.4  AA  Beep did not file a  response.  
On  January 22,  2001, the Bureau  released its Forfeiture  Order 
affirming the forfeiture  proposed by  the NAL.   On February  5, 
2001, AA Beep petitioned for reconsideration, contending that  it 
did not operate  its paging system  without authorization.  In  a 
Memorandum Opinion and  Order5 (``MO&O'') released  on March  16, 
2001, the Bureau  denied AA Beep's  petition for  reconsideration 
and affirmed the Forfeiture Order.

     3.                                    In  its  letter  dated 
March 25,  2001,6 AA  Beep continues  to claim  that it  did  not 
operate its paging  system without authorization.   Specifically, 
AA Beep contends that its customers' pagers had been  transferred 
to another  paging system  and that  it did  not operate  Station 
KNKK662 during the relevant period  (April 1 - October 8,  1999).  
In our  MO&O  released on  March  16,  2001, in  which  we  first 
reconsidered the Forfeiture  Order, we pointed  out that AA  Beep 
made the opposite claim  in its request for  a waiver of  Section 
1.949 of the Rules7:

          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).

In its letter dated March 25,  2001, AA Beep says that the  above 
assertion is ``not the words of the licensee''8 and is, in  fact, 
untrue.

     4.   AA Beep used the assertion quoted above as part of  the 
basis for obtaining a waiver of Section 1.949(a) of the Rules and 
the grant  of  its renewal  application.   Now that  it  faces  a 
monetary forfeiture for unauthorized operation, AA Beep  disavows 
this assertion.   However,  AA Beep provides  no explanation  for 
its change in position.

     5.   We have  reviewed this  matter thoroughly  and find  no 
basis for rescinding the Forfeiture Order.

     6.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules9 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.10  
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. 20554.11

     7.  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 
33042.

     
                         FEDERAL COMMUNICATIONS COMMISSION
                         

                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 Carmelita T. Gossard, d/b/a AA Beep, DA 01-137 (Enf.  Bur. 
2001).

     2 47 U.S.C.  301.

     3 47 C.F.R.  22.3.

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

     5 Carmelita T. Gossard, d/b/a AA Beep, DA 01-672 (Enf.  Bur. 
2001).

     6 The Commission's Rules do not authorize the filing of such 
a letter in a forfeiture proceeding.   Nevertheless, in the 
interest of fairness, we will consider it on our own motion in 
this instance.

     7 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.

     8  AA Beep's counsel made the quoted statement in AA Beep's 
behalf.  It is, therefore, the equivalent of a statement made by 
AA Beep itself.

     9 47 C.F.R.  1.80.

     10 47 U.S.C.  504(a).

     11 See 47 C.F.R.  1.1914.