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


In the Matter of                 )    File No. EB-03-PA-003
                                )
Dominic DeNaples                 )    NAL/Acct. No. 200332400009
400 Mill Street                  )
Dunmore, Pennsylvania 18512      )    FRN No.  0008-27-4771


                        FORFEITURE ORDER

Adopted:  July 2, 2004                  Released:  July 7, 2004  

By the Chief, Enforcement Bureau:


I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the amount  of  four  thousand  dollars 
($4,000)  to Dominic DeNaples  for willful  violation of  Section 
1.903(a)  of  the Commission's  Rules  (``Rules'').1   The  noted 
violation   involves    Mr.   DeNaples'   operation   of    radio 
communications  equipment on the  unauthorized frequency  154.515 
MHz. 

     2.   On  March  27,  2003,  the  Commission's   Philadelphia 
District  Office (``Philadelphia  Office'')  issued a  Notice  of 
Apparent Liability  for Forfeiture (``NAL'') to Dominic  DeNaples 
for  a  forfeiture  in  the  amount  of  four  thousand   dollars 
($4,000).2   Mr. DeNaples filed  a response to  the NAL on  April 
22,  2003.  In  his  response, Mr.  DeNaples requested  that  the 
Commission rescind the forfeiture.3                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      

II.  BACKGROUND

     3.   On  January  14,  2003,  in  response  to  a  complaint 
received by  the Philadelphia Office alleging harmful  co-channel 
interference  caused by  an  unidentified auto  parts  dealer  on 
frequency  154.515 MHz  near  Nescopeck, Pennsylvania,  an  agent 
from  the Philadelphia Office  used direction-finding  techniques 
to locate the source of the transmissions at DeNaples Auto  Parts 
at  400  Mill  Street  in  Dunmore,  Pennsylvania  18512.   After 
observing  and recording the  transmissions on frequency  154.515 
MHz  from 2:30  p.m. until  3:15 p.m.  on January  14, 2003,  the 
agent  visited   DeNaples  Auto  Parts   to  inspect  the   radio 
communications equipment.

     4.   Dominic  DeNaples,  owner   of  DeNaples  Auto   Parts, 
acknowledged  that he owned  the radio communications  equipment, 
and was responsible  for its operation.  When asked to produce  a 
license  to  operate  on  frequency  154.515  MHz,  Mr.  DeNaples 
produced a copy of the license for station WNKK817.  The  license 
for  WNKK817,   however,  only  authorized  operation  of   radio 
communications   equipment  on  frequencies   452.1750  MHz   and 
457.1750  MHz at 400  Mill Street,  Dunmore, Pennsylvania  18512.  
Mr. DeNaples,  when asked, could  produce no license  authorizing 
operation  on  frequency  154.515  MHz,  though  he  admitted  to 
operating  on that  frequency for  several years.   A  subsequent 
search  of  Commission  records  revealed  no  authorization  for 
Dominic  DeNaples to  operate radio  communications equipment  on 
the frequency 154.515 MHz.     

     5.   On March 27,  2003, the Philadelphia  Office issued  an 
NAL to  Dominic DeNaples in the  amount of four thousand  dollars 
($4,000)  for  operating radio  communications  equipment  on  an 
unauthorized frequency  in violation of  Section 1.903(a) of  the 
Rules.4   Mr. DeNaples responded  to the NAL  on April 22,  2003.  
In  his  response, Mr.  DeNaples  conceded that  he  operated  on 
frequency  154.515 MHz, but  argued that he  applied for and  was 
issued a license for that frequency more than thirty years ago.5 

III.      DISCUSSION

     6.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended, (``Act''),6 Section 1.80 of the  Rules,7 
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'').    In  examining   Dominic 
DeNaples' response, Section  503(b) of the Act requires that  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 such other matters as justice may require.8

     7.   Section  1.903(a)   of   the   Rules   requires   that, 
``[s]tations  in the  Wireless Radio  Services must  be used  and 
operated only  in accordance with the  rules applicable to  their 
particular service  as set forth in this  title and with a  valid 
authorization granted by  the Commission under the provisions  of 
this part.''9   Dominic DeNaples, on  January 14, 2003,  operated 
radio communications  equipment on frequency 154.515 MHz  without 
Commission  authorization  and, thus,  in  violation  of  Section 
1.903(a) of the Rules.

     8.   In his response, Mr. DeNaples  claimed that he did  not 
operate on frequency  154.515 MHz illegally; instead, he  submits 
that he  held the appropriate  Commission authorization for  such 
operation.  Mr. DeNaples, however, provided no proof of any  such 
authorization  either during  the agent's  inspection or  in  his 
response letter.  The only proof of any authorization to  operate 
on the  frequency 154.515 MHz offered by  Mr. DeNaples is a  copy 
of  a license  he  submitted with  his response.   That  license, 
however,  became effective  on  March 31,  2003, well  after  the 
agent  inspected Mr.  DeNaples' radio  communications  equipment.  
Further, Commission records  indicated that Mr. DeNaples did  not 
have a license  to operate on the frequency 154.515 MHz prior  to 
the  inspection date, and  did not file  the license  application 
requesting authority  to operate on  frequency 154.515 MHz  until 
January 22, 2003, more than one week after the inspection of  his 
radio communications equipment.   Therefore, Mr. DeNaples had  no 
authority to operate on the frequency 154.515 MHz on January  14, 
2003.

     9.   We have examined Dominic DeNaples' response to the  NAL 
pursuant to the statutory factors above, and in conjunction  with 
the  Policy Statement as  well.  As  a result of  our review,  we 
conclude  that Mr. DeNaples  willfully violated Section  1.903(a) 
of the Commissions  Rules,10 and we find no basis for  rescinding 
or reducing the $4,000 forfeiture for this violation. 

IV.  ORDERING CLAUSES

     10.       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,11  Dominic DeNaples  IS LIABLE  FOR  A 
MONETARY  FORFEITURE  in  the amount  of  four  thousand  dollars 
($4,000)  for  violating Section  1.903(a)  of  the  Commission's 
Rules.  

     11.       Payment of  the forfeiture  shall be  made in  the 
manner provided for  in Section 1.80 of the Rules 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 
reference  NAL/Acct.  No.  200332400009  and  FRN   0008-27-4771.   
Requests  for full payment  under an installment  plan should  be 
sent to: Chief,  Revenue and Receivables Group, 445 12th  Street, 
S.W., Washington, D.C. 20554.13    

     12.       IT IS FURTHER  ORDERED that a  copy of this  Order 
shall  be sent by  First Class  Mail and  Certified Mail,  Return 
Receipt  Requested,   to  Dominic  DeNaples,  400  Mill   Street, 
Dunmore, Pennsylvania 18512.

                              FEDERAL COMMUNICATIONS COMMISSION
                              
                              
                              
                              
                              David H. Solomon
                              Chief, Enforcement Bureau
 
_________________________

1 47 C.F.R.  1.903(a).  
2 Notice of Apparent Liability for Forfeiture, File No. EB-03-PA-
003,  NAL/Acct.  No.  200332400009  (Enf.  Bureau,   Philadelphia 
Office, released March 27, 2003).  
3 DeNaple's Response at page 1.
4  NAL at  1.
5  DeNaples' Response at page  1.  Attached to his response,  Mr. 
DeNaples sent a copy of a license for station WPXG564 authorizing 
operation on  frequency 154.515  MHz with  an effective  date  of 
March 31, 2003.
6  47 U.S.C.  503(b).
7  47 C.F.R.  1.80.
8  47 U.S.C.  503(b)(2)(D).
9  47 C.F.R. 1.903(a).
10 Section 312(f)(1)  of the  Act, 47 U.S.C.   312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful,' 
... means the conscious and deliberate commission or omission  of 
such act, irrespective of any intent to violate any provision  of 
this Act or any rule  or regulation of the Commission  authorized 
by this Act ....''  See  Southern California Broadcasting Co.,  6 
FCC Rcd 4387, 4388 (1991) (forfeiture to an AM radio station  for 
willful violation of sponsorship identification, even though  the 
AM radio station did  not know its actions  violated any rule  or 
law). 
11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
12 47 U.S.C.  504(a).
13 See 47 C.F.R.  1.1914.