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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554

In re                            )
                                )
GOLDEN ARROW PAGING, INC.        )    File No. EB-02-IH-0891
                                )    NAL/Acct. No. 200332080005
Applicant      for      Wireless )    FRN 0001636554
Telecommunications Bureau  Radio )
Service Authorization            )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE 

     Adopted:  December 26, 2002                  Released:  
December 27, 2002

By the Chief, Investigations  and Hearings Division,  Enforcement 
Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  that  Golden Arrow  Paging,  Inc.  (``Golden 
Arrow'')  failed   to  timely   file  its   three   ``long-form'' 
applications  (FCC  Form  601s)   following  completion  of   the 
Commission's Lower and Upper Paging Bands Auction (``Auction  No. 
40''), in  apparent willful  and  repeated violation  of  Section 
1.2107(c) of the  Commission's rules.1  We  conclude that  Golden 
Arrow is  apparently liable  for a  forfeiture in  the amount  of 
$3,000. 

                         II.  BACKGROUND

     2.   On December 5, 2001, Commission staff completed the 
auction of 15,514 licenses in Auction No. 40.  Golden Arrow was 
among the participants in that auction.  On December 11, 2001, 
the Wireless Telecommunications Bureau issued a Public Notice 
that provided detailed information concerning specific post-
auction obligations of winning bidders.2  The Public Notice 
established December 27, 2001, as the deadline for winning 
applicants to submit their long-form applications.  The Public 
Notice also announced that Golden Arrow was a winning bidder in 
Auction No. 40.3 

     3.   After the Commission's receipt and initial review of 
the Auction No. 40 long-form applications, Commission staff 
noticed that Golden Arrow had failed to file its three required 
long-form applications.  Commission staff subsequently contacted 
Golden Arrow's representative.  Thereafter, on January 11, 2002, 
Golden Arrow submitted a Waiver Request and electronically filed 
its long-form applications. In its Waiver Request, Golden Arrow 
explained that it missed the long-form filing deadline due to 
inadvertence and unawareness that the long-form applications were 
due.4  Golden Arrow further states that it mistakenly believed 
that because its upfront payments satisfied its down payments 
due, it was not required to file long-form applications.5 

                      III.      DISCUSSION

     4.   Section 1.2107(c) of the Commission's rules provides 
that: 

     A high bidder that meets its down payment obligations 
     in a timely manner must, within ten (10) business days 
     after being notified that it is a high bidder, submit 
     an additional application (the ``long-form 
     application'') pursuant to the rules governing the 
     service in which the applicant is the high bidder.6

This section further provides that long-form applications 
must be filed electronically.7 

     5.   The purpose of the long-form applications is to provide 
vital information concerning winning bidders and their 
qualifications to be Commission licensees.  Public notice of 
acceptance of a winning bidder's long-form applications triggers 
the establishment of the pleading cycle for petitions to deny.8  
The timely filing of these long-form applications is thus 
essential to the efficiency of the competitive bidding licensing 
process.

     6.   On April 9, 2001, Commission staff first released a 
Public Notice announcing the upcoming Lower and Upper Paging 
Bands Auction.9  Therein, auction participants were informed of 
their post-auction filing obligations in the event they were 
winning bidders.  Thus, Golden Arrow was on notice even before 
the auction commenced that, if it were a winning bidder, it would 
have to electronically submit a properly completed long-form 
application within ten business days after release of the auction 
closing notice.  In addition, on December 11, 2001, Commission 
staff issued a post-auction Public Notice establishing December 
27, 2001, as the filing deadline and describing in detail the 
long-form application filing requirements.  Nevertheless, Golden 
Arrow failed to file its long-form applications on time.  In 
light of these facts, we conclude that Golden Arrow failed to 
file its long-form applications by the established and well 
publicized deadline, in willful and repeated violation of Section 
1.2107(c) of the Commission's rules.10 

     7.   Section 503(b)(1)(B) of the Communications Act of 1934, 
as amended, provides that any person who willfully or repeatedly 
fails to comply with the Act or the Commission's rules shall be 
liable for a forfeiture penalty.11  The guidelines contained in 
the Commission's Forfeiture Policy Statement specify a base 
forfeiture amount of $3,000 for failure to file required 
information.12  The guidelines also permit the Commission to 
issue a higher or lower forfeiture amount based on such factors 
as the nature, circumstances, extent and gravity of the 
violation, and, with respect to the violator, the degree of 
culpability, history of any prior offenses, ability to pay, and 
such other matters as justice may require. Golden Arrow does not 
dispute that it failed to timely file the necessary forms.  We 
believe a forfeiture is appropriate in this case, and see no 
basis for departing from the base forfeiture amount.  Thus, we 
propose a forfeiture in the amount of $3,000.  This amount is 
consistent with other cases involving  similar transgressions.13 

                      IV.  ORDERING CLAUSES

     8.   ACCORDINGLY, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended, and Section 1.80 of the 
Commission's rules, Golden Arrow Paging, Inc. is hereby NOTIFIED 
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of 
$3,000 for willfully and repeatedly violating Section 1.2107(c) 
of the Commission's rules.

     9.   IT IS FURTHER ORDERED, pursuant to Section 1.80 of the 
Commission's rules, 47 C.F.R.  1.80, that within thirty (30) 
days of the release of this Notice, Golden Arrow SHALL PAY the 
full amount of the proposed forfeiture, or SHALL FILE a written 
response seeking reduction or cancellation of the proposed 
forfeiture.

     10.  Payment of the forfeiture may be made by mailing a 
check or similar instrument, payable to the order of the Federal 
Communications Commission, to the Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois 60673-7482.  The payment MUST INCLUDE 
the FCC Registration Number (FRN) referenced above and the 
NAL/Acct. No. referenced above.

     11.  The response, if any, must be mailed to Melanie A. 
Godschall, Investigations and Hearings Division, Enforcement 
Bureau, Federal Communications Commission, 445 12th Street, S.W, 
Room 3-B443, Washington DC 20554 and MUST INCLUDE the NAL/Acct. 
No. referenced above.

     12.  The Commission will not consider reducing or canceling 
a forfeiture in response to a claim of inability to pay unless 
the respondent submits: (1) federal tax returns for the most 
recent three-year period; (2) financial statements prepared 
according to generally accepted accounting practices (``GAAP''); 
or (3) some other reliable and objective documentation that 
accurately reflects the respondent's current financial status.  
Any claim of inability to pay must specifically identify the 
basis for the claim by reference to the financial documentation 
submitted.

     13.  Requests for payment of the full amount of this Notice 
of Apparent Liability under an installment plan should be sent 
to: Chief, Revenue and Receivables Operations Group, 445 12th 
Street, S.W., Washington, D.C. 20554.14 

     14.  Under the Small Business Paperwork Relief Act of 2002, 
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is 
engaged in a two-year tracking process regarding the size of 
entities involved in forfeitures.  If you qualify as a small 
entity and if you wish to be treated as a small entity for 
tracking purposes, please so certify to us within thirty (30) 
days of this NAL, either in your response to the NAL or in a 
separate filing to be sent to the Federal Communications 
Commission, Enforcement Bureau, Investigations and Hearings 
Division.  Your certification should indicate whether you, 
including your parent entity and its subsidiaries, meet one of 
the definitions set forth in the list provided by the FCC's 
Office of Communications Business Opportunities (OCBO) set forth 
in Attachment A of this Notice of Apparent Liability.  This 
information will be used for tracking purposes only.  Your 
response or failure to respond to this question will have no 
effect on your rights and responsibilities pursuant to Section 
503(b) of the Communications Act.  If you have questions 
regarding any of the information contained in Attachment A, 
please contact OCBO at (202) 418-0990.

     15.  IT IS FURTHER ORDERED that copies of this Notice shall 
be sent, by Certified Mail -- Return Receipt Requested, to Golden 
Arrow Paging, Inc., Attn: Sherry Wheeler, 5454 Wisconsin Ave., 
Suite 720, Chevy Chase, MD 20815.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Charles W. Kelley
                         Chief,   Investigations   and   Hearings 
          Division
                         Enforcement Bureau 


                                                     October 2002
                          ATTACHMENT A


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit  enterprise  that is  independently  owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships,  villages, 
school districts, or 
special  districts, with  a  population of  less  than  fifty 
thousand.


(3)  Small Business
Any  business  concern   that  is  independently  owned   and 
operated and 
is not dominant  in its field, and  meets the pertinent  size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has  400,000 
                            Subscribers Nationwide or Fewer
Cable  and   Other   Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline    Carriers     and 
Service providers 
                                1,500 Employees or Fewer
Local   Exchange   Carriers, 
Competitive           Access 
Providers,     Interexchange 
Carriers,  Operator  Service 
Providers,          Payphone 
Providers, and Resellers


Note:   With  the  exception  of  Cable  Systems,  all   size 
standards are  expressed  in either  millions of  dollars  or 
number of  employees  and are  generally the  average  annual 
receipts or  the average  employment of  a firm.   Directions 
for  calculating   average   annual  receipts   and   average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                  International Services
International      Broadcast 
Stations






                                $12.5 Million in Annual 
                                    Receipts or Less
International  Public  Fixed 
Radio  (Public  and  Control 
Stations)
Fixed              Satellite 
Transmit/Receive       Earth 
Stations
Fixed Satellite  Very  Small 
Aperture Terminal Systems
Mobile    Satellite    Earth 
Stations
Radio          Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary      Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low     Power     Television 
Services   and    Television 
Translator Stations
TV    Auxiliary,     Special 
Broadcast and  Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio   Auxiliary,   Special 
Broadcast and  Other Program 
Distribution Services
Multipoint      Distribution Auction Special Size Standard -
Service                      Small  Business  is  less   than 
                            $40M  in annual  gross  revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220  MHz  Radio   Service  - 
Phase I Licensees
220  MHz  Radio   Service  - Auction special size standard -
Phase II Licensees           Small Business is average  gross 
                            revenues  of  $15M or  less  for 
                            the   preceding   three    years 
                            (includes     affiliates     and 
                            controlling principals)
                            Very  Small Business is  average 
                            gross  revenues of  $3M or  less 
                            for  the preceding  three  years 
                            (includes     affiliates     and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and  Common  Carrier 
Paging
Broadband           Personal 
Communications      Services     1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband           Personal Auction special size standard -
Communications      Services Small  Business is $40M or  less 
(Block C)                    in  annual  gross  revenues  for 
                            three previous calendar years
                            Very  Small Business is  average 
                            gross  revenues of $15M or  less 
                            for    the    preceding    three 
                            calendar     years     (includes 
                            affiliates   and   persons    or 
                            entities  that hold interest  in 
                            such     entity    and     their 
                            affiliates)
Broadband           Personal 
Communications      Services 
(Block F)
Narrowband          Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground    Radiotelephone 
Service
800 MHz  Specialized  Mobile Auction special size standard -
Radio                        Small  Business is $15M or  less 
                            average  annual  gross  revenues 
                            for  three  preceding   calendar 
                            years
900 MHz  Specialized  Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation  and  Marine  Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small    Business    is    1,500 
Public Safety Radio Services employees or less
                            Small  Government  Entities  has 
                            population  of less than  50,000 
                            persons
Wireless    Telephony    and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore      Radiotelephone     1,500 Employees or Fewer
Service
Wireless      Communications Small  Business is $40M or  less 
Services                     average  annual  gross  revenues 
                            for three preceding years
                            Very  Small Business is  average 
                            gross  revenues of $15M or  less 
                            for the preceding three years 

39 GHz Service
                            Auction  special  size  standard 
                            (1996) -
Multipoint      Distribution Small  Business is $40M or  less 
Service                      average  annual  gross  revenues 
                            for  three  preceding   calendar 
                            years
                            Prior to Auction -
                            Small   Business   has    annual 
                            revenue of $12.5M or less
Multichannel      Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional     Television 
Fixed Service
                            Auction  special  size  standard 
                            (1998) -
Local             Multipoint Small  Business is $40M or  less 
Distribution Service         average  annual  gross  revenues 
                            for three preceding years
                            Very  Small Business is  average 
                            gross  revenues of $15M or  less 
                            for the preceding three years 
                            First   Auction   special   size 
                            standard (1994) -
                            Small  Business  is  an   entity 
                            that,    together    with    its 
                            affiliates,  has no more than  a 
218-219 MHZ Service          $6M   net   worth   and,   after 
                            federal income taxes  (excluding 
                            carryover  losses) has  no  more 
                            than $2M in annual profits  each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average  gross 
                            revenues  of  $15M or  less  for 
                            the   preceding   three    years 
                            (includes     affiliates     and 
                            persons  or entities  that  hold 
                            interest  in  such  entity   and 
                            their affiliates)
                            Very  Small Business is  average 
                            gross  revenues of  $3M or  less 
                            for  the preceding  three  years 
                            (includes     affiliates     and 
                            persons  or entities  that  hold 
                            interest  in  such  entity   and 
                            their affiliates)
Satellite   Master   Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average  gross 
                            revenues  of  $15M or  less  for 
                            the   preceding   three    years 
                            (includes     affiliates     and 
                            persons  or entities  that  hold 
                            interest  in  such  entity   and 
                            their affiliates)
                            Very  Small Business is  average 
                            gross  revenues of  $3M or  less 
                            for  the preceding  three  years 
                            (includes     affiliates     and 
                            persons  or entities  that  hold 
                            interest  in  such  entity   and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio     and     Television 
Broadcasting  and   Wireless 
Communications     Equipment      750 Employees or Fewer
Manufacturers
Audio  and  Video  Equipment 
Manufacturers
Telephone          Apparatus 
Manufacturers        (Except     1,000 Employees or Fewer
Cellular)
Medical    Implant    Device      500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  1.2107(c).

2 ``Lower and Upper Paging Bands Auction Closes: Winning Bidders 
Announced,'' Public Notice, 16 FCC Rcd 21821 (2001).

3 Id. at Attachment A.

4 See Golden Arrow's Waiver  Request, FCC File Nos.  0000730960, 
0000730981,  0000730994   (dated   Jan.  11,   2001)   (``Waiver 
Request'').  The Wireless Telecommunications Bureau subsequently 
granted the Waiver Request.  See In  the Matters of City Page  & 
Cellular Services, Inc.  d/b/a City Beepers,  et al., Order,  DA 
02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23, 2002).

5 See Waiver Request at 1.

6 47 C.F.R.  1.2107(c).

7 Id.

8 See 47 C.F.R.  1.2108(b).

9 See ``Lower and Upper Paging Bands Auction Scheduled for  June 
26, 2001; Notice and Filing Requirements, Minimum Opening  Bids, 
Upfront Payments and Other  Procedural Issues,'' Public  Notice, 
16 FCC Rcd 7657 (2001). 

10  The  Commission  has  held  that  an  act  or  omission   is 
``willful'' if it is a conscious and deliberate act or omission, 
whether or  not  there  is  any  intent  to  violate  the  rule.  
Southern California Broadcasting Company, 6 FCC Rcd 4387 (1991).  
Furthermore, a continuing violation is ``repeated'' if it  lasts 
more than one day.  Id. at 4388.

11 47 U.S.C.  503(b)(1)(B).

12 The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80  of  the  Commission's  Rules  to  Incorporate  the 
Forfeiture  Guidelines,   12   FCC  Rcd   17087,  17114   (1997) 
(``Forfeiture Policy Statement''); recon denied, 15 FCC Rcd  303 
(1999).

13  See  e.g.,  PCS  Partners,   L.P.,  16  FCC  Rcd  5547   (EB 
2001)(forfeiture paid)(proposing  a  $3,000  forfeiture  against 
winning bidder that  filed its long-form  application four  days 
late  and  its  ownership  report  two  days  late  because   of 
administrative oversight); PinPoint Communications, Inc., 14 FCC 
Rcd 6427  (PSPWD,  WTB  1999)  (proposing  a  $3,000  forfeiture 
against winning bidder that filed its long-form application  six 
days late because of administrative oversight).

14 See 47 C.F.R.  1.1914.