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


In the Matter of                 )
                                )
FBS Wireless Corporation         )    File No. EB-02-PA-140
Licensee of Station WFBS(AM)     )    NAL/Acct. No. 200232400007
Berwick, Pennsylvania            )    FRN 0006-7296-02
                                )



                  MEMORANDUM OPINION AND ORDER

        Adopted:  October 14, 2004      Released:  October 18, 
     2004  

By the Chief, Enforcement Bureau:


  I.   INTRODUCTION

     1.   In this Memorandum Opinion and Order (``Order''), we 
deny the November 21, 2003 petition for reconsideration filed by 
FBS Wireless Corporation (``FBS''), licensee of Station WFBS(AM), 
Berwick, Pennsylvania.  FBS seeks reconsideration of an October 
20, 2003  Forfeiture Order,1 in which the Enforcement Bureau 
imposed a monetary forfeiture in the amount of twenty thousand 
dollars ($20,000) for repeated violation of Sections 17.4(a), 
17.51(a), and 73.49 of the Commission's Rules (Rules).2  The 
noted violations involve FBS's failure to register and light the 
antenna structure for station WFBS(AM) and to enclose that 
antenna structure within an effective locked fence.  In its 
petition for reconsideration, FBS raises five issues: the 
coordinates of its tower; the height of its tower; the 
aeronautical study concerning its tower; the fencing around the 
tower; and, the Commission's approval of the transfer of station 
WFBS(AM) to it notwithstanding the violations existing at the 
time.  FBS does not raise any new arguments nor does it provide 
any new facts relating to the issues addressed in the  Forfeiture 
Order, specifically, the tower height (at paragraph 10); 
aeronautical study (at paragraph 11) and fencing (at paragraph 
12).  Accordingly, we do not readdress those issues and confine 
this Order to the questions raised with respect to the tower 
coordinates and the Commission's failure to note the outstanding 
violations at the time it approved the transfer of station WFBS.

II.  DISCUSSION

     2.   The first new argument that FBS makes is that, until 
approximately August, 2003, the exact coordinates of the FBS 
tower were not known, making proper registration impossible.  
However, not knowing the exact coordinates of the FBS tower did 
not prevent FBS from registering the tower during the period 
covered by the NAL that was subsequent to August, 2003, nor did 
it prevent FBS from lighting the structure.  The authorization 
for station WBRX, now station WFBS, dated July 23, 1975, 
indicated the antenna structure should be lighted.  Thus, the 
WFBS antenna structure should have been lighted up until August 
11, 2003, when the FAA removed the painting and lighting 
requirements because of an adjacent, shielding tower.3  Because 
the WFBS antenna structure had painting and lighting 
requirements, it was also required to be registered with the 
Commission.4          

     3.   Secondly, FBS argues that the WFBS antenna structure 
has been in violation of the Commission's tower rules since 
before station WFBS, then WSQV, and the antenna structure were 
transferred to FBS on March 19, 2000.  FBS asserts that because 
the Commission approved the transfer and licensing of WFBS even 
though it was in violation of the Commission's own rules, this 
should impact the Enforcement Bureau's determination in this 
proceeding.  We do not agree.  The Commission approved the 
transfer of station WFBS based upon the information that was 
provided it during the transfer process.  The parties involved in 
the transfer were responsible for providing accurate information 
to the Commission.  Moreover, once the transfer was approved, FBS 
became responsible for knowing and complying with the 
Commission's rules.5  FBS was responsible for registering and 
lighting its antenna structure in accordance with the 
Commission's rules without regard to the behavior of its 
predecessor.  It did neither.

III. ORDERING CLAUSES

     4.   Accordingly, IT IS ORDERED that, pursuant to Section 
405 of the Communications Act of 1934, as amended6 and Section 
1.106 of the Rules,7 FBS Wireless Corporation's petition for 
reconsideration, filed November 21, 2003, IS DENIED and the 
issuance of the $20,000 forfeiture IS AFFIRMED.

     5.   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.8  
Payment of the forfeiture must be made by check or similar 
instrument, payable to the order of the ``Federal Communications 
Commission.''  The payment must include the NAL/Acct. No. and FRN 
No. referenced above.  Payment by check or money order may be 
mailed to Forfeiture Collection Section, Finance Branch, Federal 
Communications Commission, P.O. Box 73482, Chicago, Illinois 
60673-7482.  Payment by overnight mail may be sent to Bank One/LB 
73482, 525 West Monroe, 8th Floor Mailroom, Chicago, IL 60661.  
Payment by wire transfer may be made to ABA Number 071000013, 
receiving bank ``Bank One,'' and account number 1165259.  
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. 20554.9









     6.   IT IS FURTHER ORDERED THAT this Order shall be sent by 
first class mail and certified mail, return receipt requested, to 
FBS Wireless Corporation, 114 Market Street, 2nd Floor, Berwick, 
Pennsylvania 18603.                     

                       FEDERAL COMMUNICATIONS COMMISSION

                         


                           David H. Solomon
                           Chief, Enforcement Bureau


_________________________

1 FBS Wireless Corporation, 18 FCC Rcd 9582 (Enf. Bur. 2003).
2 47 C.F.R.  17.4(a), 17.51(a), and 73.49.
3 See Federal Aviation Administration Aeronautical Study No. 
2003-AEA-2360-OE, dated August 11, 2003.  
4 See 47 C.F.R.  17.4(a)(2).
5 See Aracelis Ortiz, Executrix for the Estate of Carlos Ortiz, 
19 FCC Rcd 2632 (Enf. Bur. 2004).
6 47 U.S.C.  405.
7 47 C.F.R.  1.106.
8 47 U.S.C.  504(a).
9 See 47 C.F.R.  1.1914.