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

In the Matter of                  )
                                 )
RW Shop, Inc. and Donald Mayer    )   File No. EB-04-SE-190
Pepperell, Massachusetts          )   NAL/Acct. No. 200532100005
                                 )   FRN No.  0008867731
                                 )


                            ORDER

Adopted:  November 5, 2004              Released:   November 
9, 2004


By the Chief, Enforcement Bureau: 


      1.       In this Order, we adopt a Consent Decree 
 terminating an investigation into possible violations by RW 
 Shop, Inc. (``RW Shop'') and Donald Mayer of Section 301 of 
 the Communications Act of 1934, as amended (the ``Act'')1 
 and Section 87.18 (a) of the Commission's Rules (``Rules'') 
 concerning the operation of an aeronautical advisory 
 (``unicom'') station on frequency 123.05 MHz at Pepperell 
 Airport in Pepperell, Massachusetts.2

      2.       The Enforcement Bureau, RW Shop and Donald 
 Mayer. have negotiated the terms of a Consent Decree that 
 would resolve this matter and terminate the investigation.  
 A copy of the Consent Decree is attached hereto and 
 incorporated by reference.  

      3.       After reviewing the terms of the Consent 
 Decree, we find that the public interest will be served by 
 adopting the Consent Decree and terminating the 
 investigation. 

      4.  Based on the record before us, we conclude that no 
 substantial or material questions of fact exist as to 
 whether RW Shop and/or Donald Mayer possess the basic 
 qualifications, including those related to character, to 
 hold or obtain any FCC license or authorization.

      5.       Accordingly, IT IS ORDERED that, pursuant to 
 Sections 4(i) and 4(j) of the Communications Act of 1934, 
 as amended,3 and Sections 0.111 and 0.311 of the Rules,4 
 the Consent Decree attached to this Order IS ADOPTED.

      6.       IT IS FURTHER ORDERED that the Enforcement 
 Bureau's investigation into the matter described herein IS 
 TERMINATED.

      7.        IT IS FURTHER ORDERED that RW Shop, Inc. 
 and/or Donald Mayer shall make a voluntary contribution to 
 the United States Treasury, as specified in the Consent 
 Decree.  Payment shall 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 
 should note NAL/Acct. No. 200532100005 and FRN No. 
 0008867731.  Payment by overnight mail may be sent to Bank 
 One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago, 
 Illinois 60661.  Payment by wire transfer may be made to 
 ABA Number 071000013, receiving bank ``Bank One,'' account 
 number 1165259. 

      8.       IT IS FURTHER ORDERED that a copy of this 
 Order and Consent Decree shall be sent by first class mail 
 and certified mail, return receipt requested, to Mr. Donald 
 Mayer, 165 Nashua Road, Route 111, Pepperell, Massachusetts 
 01463, and to his attorney, William Crispin, Esquire, 
 Crispin & Associates, P.L.L.C., 1156 Fifteenth Street, 
 N.W., Suite 1105, Washington, D.C.  20005.



                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau






















                       CONSENT DECREE

     The Enforcement Bureau of the Federal Communications 
Commission, RW Shop Inc. and Donald V. Mayer, II (``Donald 
Mayer'' or ``Mr. Mayer'') hereby enter into this Consent 
Decree for the purpose of terminating an investigation 
regarding the possible unauthorized operation of an 
aeronautical advisory station (``unicom") on frequency 
123.05 MHz in violation of Section 301 of the Communications 
Act of 1934, as amended, (``Act'')5 and Section 87.18(a) of 
the Commission's Rules (``Rules'').6 

Background

     1.   Since 1997, Pepperell Airport, which is located in 
Pepperell, Massachusetts, has been served by a unicom on the 
frequency of 123.05 MHz.  The station was originally 
licensed to RW Shop, Inc. (or ``RW Shop'') under call sign 
KJN8.  That license expired on January 18, 2002, after RW 
Shop failed to file a timely application for renewal.  On 
April 30, 2003, Pepperell Airport filed an application for a 
new unicom station on frequency 123.05 MHz.  On June 10, 
2004, the Wireless Telecommunications Bureau granted 
Pepperell Airport a license for a new unicom station, call 
sign WQA1961, on frequency 123.05 MHz.7  However, the 
Wireless Telecommunications Bureau referred to the 
Enforcement Bureau for investigation the issue of whether 
the unicom station at Pepperell Airport continued to operate 
on frequency 123.05 MHz after the license for station KJN8 
expired, in violation of Section 301 of the Act and Section 
87.18 of the Rules.  The Enforcement Bureau subsequently 
initiated an investigation.

Definitions

     2.   For the purposes of this Consent Decree, the 
     following definitions shall apply:

          (a) ``Commission'' or ``FCC'' means the Federal 
          Communications Commission;

          (b) ``Bureau'' means the Enforcement Bureau of the 
          Federal Communications Commission;

          (c) ``RW Shop'' means the former licensee of KJN8.  
          Donald Mayer held an ownership interest in RW 
          Shop;

          (d) ``Mayer'' means Donald Mayer, a partner in a 
          partnership that holds the license for WQA1961 
          under the name Pepperell Airport.  Mayer's 
          partnership also leases the land and airport 
          facilities and operates a parachute jumping 
          business at Pepperell Airport; 

          (e)  ``Parties''  means  RW Shop,  Mayer  and  the 
          Bureau; 

          (f)  ``Adopting  Order''  means an  order  of  the 
          Bureau adopting  the terms and conditions  of this 
          Consent Decree;

          (g)  ``Effective Date''  means  the date  the 
          Adopting Order is released by the Bureau;

          (h) ``Rules'' means the Commission's Rules 
          found in Title 47 of the Code of Federal 
          Regulations; and

          (i) ``Act'' means the Communications Act of 
          1934, as amended, 47 U.S.C. 151 et seq.

Terms of Settlement

     3.   The Parties agree and acknowledge that this 
Consent Decree shall constitute a final settlement between 
RW Shop, Mayer and the Bureau regarding possible violations 
of the Act and the Rules with respect to the operation of a 
unicom station on frequency 123.05 MHz at Pepperell Airport 
after January 18, 2002.  In consideration for the 
termination of the investigation into whether RW Shop and/or 
Mayer operated a unicom station on frequency 123.05 MHz at 
Pepperell Airport after January 18, 2002 without Commission 
authorization and in accordance with the terms of this 
Consent Decree, RW Shop and Mayer agree to the terms, 
conditions, and procedures contained herein.

     4.   RW Shop and Mayer agree to implement a Regulatory 
Compliance Plan (``RCP'') governing any FCC license held by 
RW Shop and any FCC license in which Donald Mayer holds any 
interest, including the license for unicom station WQA1961.  
The RCP will include the appointment of an employee, the 
Regulatory Manager, who will be responsible for overseeing 
compliance with the rules and regulations, including 
specifically those rules and regulations concerning license 
renewal.  The Regulatory Manager will be responsible for 
maintaining a file in its office at the Pepperell Airport 
containing a list of compliance dates of all impending FCC 
deadlines, including the expiration dates and license 
renewal dates of any FCC licenses held by RW Shop and any 
FCC license in which Donald Mayer holds any interest.  The 
Regulatory Manager will be the person responsible for 
completing all documentation for license renewals, 
responding to any Commission inquires and submitting these 
to the Commission.  Finally, the Regulatory Manager will 
consult with Commission staff and/or other professionals 
including where necessary lawyers specializing in practice 
before the Commission to ensure compliance with the rules 
and regulations particularly including the Rules and 
regulations regarding the renewal of FCC licenses.  

     5.   In express reliance on the covenants and 
representations contained herein, and to avoid the further 
expenditure of scarce public resources, the Bureau agrees to 
terminate its investigation. 

     6.   RW Shop and/or Mayer shall make a voluntary 
contribution to the United States Treasury in the amount of 
$500.00 within 10 calendar days after the Order adopting 
this Consent Decree becomes final.  RW Shop or Mayer must 
make this payment, without further protest or recourse, by 
mailing a check or similar instrument, payable to the order 
of the Federal Communications Commission, to the Federal 
Communications Commission, Forfeiture Collection Section, 
Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-
7482.  The payment should note NAL/Acct. No. 200532100005 
and FRN No. 0008867731.  Payment by overnight mail may be 
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, Illinois 60661.  Payment by wire transfer 
may be made to ABA Number 071000013, receiving bank ``Bank 
One,'' account number 1165259.  
     
     7.   The Bureau agrees that it will not institute, on 
its own motion, any new proceeding, formal or informal, or 
take any action on its own motion against RW Shop or Mayer 
for any alleged unauthorized operation of a unicom station 
on frequency 123.05 MHz at Pepperell Airport prior to the 
Effective Date of this Consent Decree except as consistent 
with this Consent Decree.  The Bureau also agrees, that, in 
the absence of material new evidence related to this matter, 
it will not use the facts developed in this proceeding 
through the Effective Date of this Consent Decree or the 
existence of this Consent Decree to institute on its own 
motion, any proceeding, formal or informal, or take any 
action against RW Shop or Mayer with respect to its basic 
qualifications, including its character qualifications to be 
a Commission licensee.  Nothing in this Consent Decree shall 
prevent the Bureau from instituting new investigations or 
enforcement proceedings against RW Shop or Mayer in the 
event of any alleged future misconduct that violates this 
Consent Decree or that violates any provision of the Act and 
the Rules.

     8.   RW Shop and Mayer waive any and all rights they 
may have to seek administrative or judicial reconsideration, 
review, appeal or stay, or to otherwise challenge or contest 
the validity of this Consent Decree and the Order adopting 
this Consent Decree, provided that the Bureau issues an 
Order adopting the Consent Decree without change, addition, 
or modification.

     9.   RW Shop and Mayer agree to waive any claims it may 
otherwise have under the Equal Access to Justice Act, Title 
5 U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to 
the matters discussed in this Consent Decree.

     10.       The Parties agree that in the event that this 
Consent Decree is rendered invalid by any court of competent 
jurisdiction, the Consent Decree  shall become null and void 
and may not be used in any manner in any legal proceeding.

     11.        If either party (or the United States on 
behalf of the Commission) brings a judicial action to 
enforce the terms of the Adopting Order, neither RW Shop, 
Mayer nor the Bureau shall contest the validity of the 
Consent Decree or Adopting Order and RW Shop and Mayer will 
waive any statutory right to a trial de novo.

     12.       The Parties agree that this Consent Decree 
does not constitute an adjudication on the merits or a 
factual or legal determination regarding any compliance or 
noncompliance with the Act or the Rules.  The Parties 
further agree that this Consent Decree is for settlement 
purposes only and that by agreeing to this Consent Decree, 
RW Shop and Mayer do not admit or deny any liability for 
violating the Act or the Rules in connection with the 
matters that are the subject of this Consent Decree.

     13.       RW Shop and Mayer agree that any violation of 
the Consent Decree or the Adopting Order will constitute a 
separate violation of a Commission order, entitling the 
Commission to exercise any right and remedies attendant to 
the enforcement of a Commission order.

     14.  The Parties agree that the terms and conditions of 
this Consent Decree shall remain in effect through the 
timely renewal of the present license for unicom station 
WQA1961 at the Pepperell Airport or, if earlier, the date on 
which RW Shop and/or Donald Mayer no longer hold any 
interest in an FCC license for a unicom station at the 
Pepperell Airport in Pepperell, Massachusetts.

     15.       This   Consent  Decree   may  be   signed  in 
     counterparts.

 
For the Enforcement Bureau:


_______________________ 
David H. Solomon
Chief, Enforcement Bureau
          

For RW Shop and Donald Mayer:


________________________ 
William H. Crispin
Their Attorney





_________________________

1 47 U.S.C.  301.

2 47 C.F.R.  87.18(a).

3 47 U.S.C.  4(i).

4 47 C.F.R.  0.111, 0.311.

5 47 U.S.C.  301.

6 47 C.F.R.  87.18(a).

7 Pepperell Airport, 19 FCC Rcd 9939 (WTB, Public Safety & 
Critical Infrastructure Div., 2004).  Donald Mayer is the 
manager of Pepperell Airport.  He is also a partner in a 
partnership that leases the land and airport facilities and 
operates a parachute jumping business at Pepperell Airport.  
Mr. Mayer's partnership is the current licensee of WQA1961 
under the name Pepperell Airport.