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


In the Matter of                  )
                                 )
Universal   Network  Television,  )          File No. EB-04-NY-050
LLC                               )
Universal City, CA                )     NAL/Acct. No. 200532380001
                                 )
                                 )            FRN:  00010 6623 51


                      FORFEITURE ORDER 

Adopted:  June 8, 2005                  Released:   June 10, 
2005

By  the  Regional  Director, Northeast  Region,  Enforcement 
Bureau:

I.  INTRODUCTION

     1.  In this Forfeiture Order (``Order''), we issue a 
monetary forfeiture in the amount of ten thousand dollars 
($10,000) to Universal Network Television, LLC 
(``Universal'') for willfully and repeatedly violating 
Section 301 of the Communications Act of 1934, as amended 
(``Act''),1 by operating unlicensed radio transmitting 
equipment on the frequency 465.63125 MHz in New York, NY.

II.  BACKGROUND

      2.  On March 22, 2004, the Commission's New York Field 
 Office  (``New  York  Office'')  received  a  complaint  of 
 interference  from a  licensee in  the Public  Safety Radio 
 Pool   operating  on  the  frequency   465.6250  MHz.   The 
 complainant identified  Universal, located at Pier 62, West 
 23rd  Street and 12th Avenue,  New York, NY, 10011,  as the 
 party   causing  the  interference  by   operation  on  the 
 frequency 465.63125  MHz.  The complainant also stated that 
 Universal  was notified of  the interference caused  by the 
 unlicensed operation on the frequency 465.63125 MHz. 

      3.  On  March 23,  2004, a  Commission agent,  using a 
 mobile  direction-finding vehicle  monitored the  frequency 
 465.63125  MHz in New  York, NY and positively  located the 
 source  of the transmissions to  the area at Pier  62, West 
 23rd  Street  and 12th  Avenue, New  York,  NY 10011.   The 
 agent   observed   transmissions   from  several   portable 
 transceivers  used by  a television  production crew.     A 
 review  of the Commission's  databases at that  time showed 
 no  evidence of an  authorization for Universal  to operate 
 on  the frequency  465.63125 in New  York, NY,  or anywhere 
 else, and further  revealed that Universal did not hold any 
 land mobile licenses.

     2.  On March 24, 2004, Commission  agents monitored the 
frequency  465.63125   MHz  in  New  York,   NY,  and  heard 
transmissions of  a television production crew.   The agents 
returned to  Universal, Pier 62,  West 23rd Street  and 12th 
Avenue, New York,  NY 10011, and conducted  an inspection of 
the   radio   equipment   with  the   Assistant   Production 
Coordinator.  The agents  determined that Universal operated 
Motorola P1225 UHF portable radio transceivers, rated at 4.4 
watts, on  the frequency 465.63125 MHz.   The agents advised 
the Assistant Production Coordinator  that operation on that 
frequency requires a license and  that, based on the agent's 
review of the Commission's  databases, there was no evidence 
of  a Commission  authorization  for this  operation in  New 
York,  NY and  therefore  Universal  was operating  portable 
radio  transmission  equipment   without  the  required  FCC 
license.

     3.  On October 18, 2004, the Commission's New York 
Office issued a Notice of Apparent Liability for Forfeiture 
(``NAL'') to Universal for a forfeiture in the amount of ten 
thousand dollars ($10,000) for willful and repeated 
violation of Section 301 of the Act.2  Universal filed a 
response to the NAL on November 16, 2004.  In its response, 
Universal explains that for many years it used the frequency 
465.63125 MHz on its portable transceivers pursuant to a 
service agreement with a third-party vendor.  Universal 
states that to facilitate more efficient operations, it 
decided to purchase the portable transceivers from that same 
third-party vendor and subsequently purchased additional 
portable transceivers from another third-party vendor.  All 
of the transceivers purchased by Universal were programmed 
with the 465.63125 MHz frequency that Universal had been 
using under the service agreement.  Universal claims that 
neither vendor advised Universal that it was required to 
acquire a license to operate the portable transceivers on 
the frequency 465.63125 MHz.  

III.      DISCUSSION

     4.  The forfeiture amount proposed in this case was 
assessed in accordance with Section 503(b) of the 
Communications Act of 1934, as amended (``Act''),3 Section 
1.80 of the Rules,4 and the Commission's Forfeiture Policy 
Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines.5  In assessing 
forfeitures, Section 503(b)(2)(D) of the Act requires that 
we 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.6  As discussed below, we have considered 
Universal's response to the NAL in light of these statutory 
factors and have found that reduction or cancellation of the 
proposed forfeiture amount is not warranted.  

     5.  Section 301 of the Act states that no person shall 
use or operate any apparatus for the transmission of energy 
or communications or signals by radio within the United 
States except under and in accordance with the Act and with 
a license.7  Commission agents determined that Universal 
operated radio-transmitting equipment on March 23, 2004 and 
March 24, 2004 without an FCC license.  The violation of 
Section 301 of the Act therefore is repeated.8  

     6.  In light of our determination that Universal's 
violation was repeated, we are not required under the Act to 
make a determination as to whether the violation was 
willful.  Section 503(b) of the Act gives the Commission the 
authority to assess a forfeiture penalty against any person 
if the Commission determines that the person has ``willfully 
or repeatedly'' failed to comply with the provisions of the 
Act or with any rule, regulation or order issued by the 
Commission.  We nevertheless address Universal's claim that 
its actions were not willful.

     7.  Universal argues that the forfeiture should be 
cancelled because it was not aware that a license was 
necessary for the operation of the radio transmitting 
equipment and therefore the violation cannot be considered 
``willful.''  For a violation to be willful, it must be 
committed consciously and deliberately, irrespective of any 
intent to violate the Rules.9  Universal does not dispute 
that it operated the portable transceivers without a license 
and therefore its actions were willful, as that term is 
defined in the Act.  Furthermore, as the owner and operator 
of the radio equipment, Universal, not its radio vendor, is 
responsible for complying with all applicable FCC rules.  
The Commission has consistently stated that ignorance of the 
law is not a mitigating factor.10  

     8.  We also find that cancellation is not warranted 
based on the remedial actions taken by Universal since it 
became aware of the unlicensed operation.  Universal states 
that it (1) voluntarily cooperated with efforts to resolve 
the interference , (2) terminated operations until the 
necessary applications were submitted, (3) took it upon 
itself to prepare and submit the necessary FCC applications, 
and (4) implemented internal compliance procedures.  As the 
Commission has stated, ``corrective action taken to come 
into compliance with Commission rules or policy is expected, 
and does not nullify or mitigate any prior forfeitures or 
violations.''11  

     9.  We have examined Universal's response to the NAL 
pursuant to the statutory factors above, and in conjunction 
with the Forfeiture Policy Statement.  As a result of our 
review, we conclude that Universal willfully and repeatedly 
violated Section 301 of the Act.  We also conclude that 
neither cancellation nor reduction of the proposed $10,000 
monetary forfeiture is warranted.

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 Rules12, Universal Network Television, 
LLC. IS LIABLE FOR A MONETARY FORFEITURE in the amount of 
ten thousand dollars ($10,000) for willful and repeated 
violation of Section 301 of the Act.    

     11.  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 
bycheck or money order may be mailed to Federal 
Communications Commission, P.O. Box358340,Pittsburgh, PA 
15251-8340. Payment by overnight mail may be sent toMellon 
Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251. Payment by wire transfer may be made to ABA 
Number043000261, receiving bankMellon Bank, and account 
number911-6106.  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. 20554.13

     12.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall  be sent  by  First Class  and  Certified Mail  Return 
Receipt  Requested to  Universal  Network Television,  LLC's 
address of record.  

                              FEDERAL         COMMUNICATIONS 
COMMISSION


                              Russell Monie, Jr.
                              Regional  Director,  Northeast 
Region
                              Enforcement Bureau


_________________________

147 U.S.C.  301.

2Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200532380001 (Enf. Bur., New  York Office, released October 
18, 2004).

347 U.S.C.  503(b). 

447 C.F.R.  1.80.

512 FCC  Rcd 17087  (1997), recon. denied,  15 FCC  Rcd 303 
(1999) (``Forfeiture Policy Statement'').  

647 U.S.C.  503(b)(2)(D).

747 U.S.C.  301.

8Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
also  applies  to  violations  for  which  forfeitures  are 
assessed  under Section  503(b) of  the Act,  provides that 
"[t]he  term 'repeated',  when used  with reference  to the 
commission or omission of any  act, means the commission or 
omission of such act more  than once or, if such commission 
or omission is continuous, for more than one day.''   

9Section 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', when  used with  reference to the  commission or 
omission  of any  act, 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 
(1991).

10Southern  California Broadcasting  Co.,  6  FCC Rcd  4387 
(1991), citing  Vernon Broadcasting,  Inc., 60 RR  2d 1275, 
1277 (1986) and Fay Neel Eggleston, 19 FCC 2d 829 (1969).

11See Seawest Yacht Brokers, 9 FCC Rcd 6099 (1994). 

1247 C.F.R.  0.111, 0.311, 1.80(f).

13See 47 C.F.R.  1.1914.