Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                )
                                )
St. Louis Mobile Systems Inc.   )    File No. EB-02-KC-0549
                                )    NAL/Acct. No. 200232560023
Owner of  Unregistered Antenna Structure Located  )    FRN  0005-
9463-55
at 38 17' 31'' North Latitude and  91 41' 50''  )
West Longitude, near Belle, Missouri )  
                                )
Rolla, Missouri                 )

                  MEMORANDUM OPINION AND ORDER 

Adopted:  September 3, 2004        Released:  September 8, 2004

By the Chief, Enforcement Bureau:

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  grant  the petition  for  reconsideration filed  by  St.  Louis 
  Mobile  Systems  Inc.  (``St.  Louis  Mobile''),  owner  of  an 
  antenna  structure located  at geographic  coordinates 38  17' 
  31'' North  Latitude and   91 41' 50''  West Longitude  (``the 
  Belle tower'')  of the  Forfeiture Order1 issued  to St.  Louis 
  Mobile on June 27, 2003, cancel the $3,000 monetary  forfeiture 
  and  admonish  St.  Louis  Mobile  for  repeated  violation  of 
  Section 17.4(a)  of the Commission's  Rules (``Rules'').2   The 
  noted  violation  involves   St.  Louis  Mobile's  failure   to 
  register the Belle tower.

2.        In its petition for reconsideration pursuant to Section 
  405 of the  Communications Act of 1934, as amended  (``Act''),3 
  St. Louis  Mobile does not dispute  our determination that  the 
  Belle tower was not  registered from 1996 until July 2002,  but 
  argues that we  should cancel or reduce the forfeiture  because 
  of   its   good  faith   efforts   to   register   the   tower.  
  Specifically, St. Louis Mobile asserts that, in the  Forfeiture 
  Order, we incorrectly found  that St. Louis Mobile had made  no 
  efforts to register the  Belle tower since 1999 when, in  fact, 
  it attempted  to do so  between 1999 and  June 2002.   Finally, 
  St.  Louis Mobile  provides additional  information to  support 
  its claim, originally made in its response to the NAL, that  it 
  is unable to pay the $3,000 monetary forfeiture.

3.        Even if St. Louis Mobile did try to register its  tower 
  between   1999  and   June  2002,   that  would   not   warrant 
  cancellation  or reduction  of  the forfeiture.   The  apparent 
  reason  for the  failure  of  St. Louis  Mobile's  attempts  to 
  register the Belle  Tower was its inability to provide  certain 
  information regarding  a 1981  Federal Aviation  Administration 
  (``FAA'') study requested  by the prior owner.  As pointed  out 
  in the Forfeiture Order, if St. Louis Mobile was unable to  get 
  this information, it  simply could have requested that the  FAA 
  conduct a new study.

4.        In the Forfeiture Order, we found that we did not  have 
  a sufficient  basis upon which to  evaluate St. Louis  Mobile's 
  claim  of inability  to pay  the forfeiture  because St.  Louis 
  Mobile  did not  provide any  financial information  concerning 
  its  paging and  radiotelephone operations.   St. Louis  Mobile 
  has now provided that information and copies of its 1999,  2000 
  and  2001 federal  income  tax returns.   After  reviewing  the 
  information  provided by  St. Louis  Mobile, we  conclude  that 
  payment  of  the  $3,000  monetary  forfeiture  would  pose   a 
  financial hardship and  that cancellation of the forfeiture  is 
  warranted on the basis of St. Louis Mobile's inability to  pay.  
  We do find, however that St. Louis Mobile should be  admonished 
  for its repeated violations of Section 17.4(a) of the Rules.

5.        We  have  examined  St.  Louis  Mobile's  petition  for 
  reconsideration pursuant  to the  statutory factors  prescribed 
  by Section  503(b)(2)(D) of the Act,4  and in conjunction  with 
  the Commission's Forfeiture  Policy Statement and Amendment  of 
  Section  1.80  of  the  Rules  to  Incorporate  the  Forfeiture 
  Guidelines,5 as well.  As  a result of our review, we  conclude 
  that St. Louis Mobile's petition for reconsideration should  be 
  granted,  the  monetary forfeiture  against  St.  Louis  Mobile 
  should be cancelled  and St. Louis Mobile should be  admonished 
  for its repeated violations of Section 17.4(a) of the Rules. 

6.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  504(b)  of the Act6  and Section  1.80(i) of the  Rules, 7  the 
  $3,000 forfeiture issued to St. Louis Mobile Systems, Inc.,  IS 
  CANCELLED, and  that pursuant to  Sections 405 of  the Act  and 
  1.106  of   the  Rules,8   St  Louis   Mobile's  Petition   for 
  Reconsideration IS hereby GRANTED.

7.        IT IS FURTHER  ORDERED that St.  Louis Mobile  Systems, 
  Inc., IS ADMONISHED for failure to register the Belle tower.

8.        IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first  class mail and certified mail return  receipt 
  requested  to St.  Louis Mobile  Systems  Inc., P.O.  Box  405, 
  Rolla, Missouri 65402-0405.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 St. Louis  Mobile Systems  Inc., 18  FCC Rcd  12670 (Enf.  Bur. 
2003).

2 47 C.F.R.  17.4(a).  

3  47 U.S.C.  405. 

4 47 U.S.C.  503(b)(2)(D).

5 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

6 47 U.S.C.  504(b). 

7 47 C.F.R.  1.80(i).

8 47 C.F.R.  1.106.