Click here for Microsoft Word Version
Click here for Consent Decree


This document was converted from
WordPerfect or Word to ASCII Text format.

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
Word or WordPerfect version or Adobe Acrobat version, if available.


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

In the Matter of                        )
Notice of Apparent Liability for Forfeiture of              )
                                        )    File No. 99-2273
Licensee of Point-to-Point Microwave     Stations      )
WNTT360 (Huntington Beach, CA); WHJ651 (Huntington     )
Beach, CA); WNEZ481 (Monrovia, CA); WNEZ480  )
(La Habra, CA); WHJ653 (Cypress, CA); WHJ649           )
(Hazelwood, CA); WHJ650 (Torrance, CA); WHJ816    )
(Saint Charles, MO);     WNER966 (Dominguez Hills, CA);     )    
WNET350 (Gardena, CA); WNEU335 (Gray Butte, CA);  )
WNEU679 (Long Beach, CA); WNEW515 (Long Beach,    )
CA); WNEY550 (Long Beach, CA); WNEZ482 (Compton,  )    
CA); WNTB361 (Long Beach, CA); WNTH667 (Edwards   )
AFB, CA); WNTL350 (Anaheim, CA); WNTT359 (Long    )
Beach, CA); WNTX919 (Wrightwood, CA); WNTX920     )
(Long Beach, CA); and WPJF891 (Long Beach, CA)    )


     Adopted:  May 18, 2000                  Released:   May  19, 

By the Chief, Enforcement Bureau:

     1.   In this  Order,  we adopt  a  Consent Decree  in  which 
International Business Machines (``IBM''), former licensee of the 
22 above-captioned point-to-point  microwave stations, agrees  to 
modify its corporate practices in order to ensure compliance with 
Section 310(d)  of the  Communications Act  of 1934,  as  amended 
(``Act''), 47  U.S.C.    310(d).   IBM also  agrees  to  make  a 
voluntary contribution to the U.S. Treasury of  $70,000.
     2.   As a result of IBM's disclosures, on July 20, 1999, the 
former Enforcement  Division of  the Wireless  Telecommunications 
Bureau issued  a  Notice  of Apparent  Liability  for  Forfeiture 
against IBM  for  apparent  unauthorized pro  forma  transfer  of 
control of the  stations listed above,  in apparent violation  of 
Section 310(d)  of  the Act  and  former Section  101.53  of  the 
Commission's rules, 47  C.F.R.   101.53. International  Business 
Machines, 14 FCC Rcd 11667  (WTB 1999) (``NAL'').  On August  19, 
1999, IBM filed a response to  the NAL in which it contested  the 
proposed forfeiture.  Subsequently,  IBM provided the  Commission 
with additional information concerning  transfers of  the  above-
captioned licenses, as  well as other  licenses formerly held  by 
IBM.  On September  28, 1999,  IBM withdrew its  response to  the 

     3.   The Enforcement Bureau staff and IBM have negotiated  a 
Consent Decree that would terminate the forfeiture proceeding and 
the staff's investigation into the unauthorized transfers of  the 
above-captioned  licenses,  as  well   as  the  other   transfers 
disclosed by  IBM.  A  copy  of the  Consent Decree  is  attached 
hereto and is incorporated by reference.

     4.   We have reviewed  the terms of  the Consent Decree  and 
evaluated the facts before us.   In light of IBM's commitment  to 
establish a comprehensive  compliance program  to prevent  future 
violations of  Section 310(d)  of the  Act, we  believe that  the 
public interest would be served by approving the Consent  Decree, 
canceling the NAL, and  terminating the investigation into  IBM's 

     5.   Based on the record  before us, and  in the absence  of 
material new evidence relating to  this matter, we conclude  that 
there are no  substantial and  material questions of  fact as  to 
whether IBM  possesses the  basic qualifications,  including  its 
character qualifications, to hold or  obtain any FCC licenses  or 

     6.   Accordingly, IT IS ORDERED,  pursuant to Sections  4(i) 
and 4(j) of the Communications Act, 47 U.S.C.  154(i),  154(j), 
and the authority delegated  in Sections 0.111  and 0.311 of  the 
Commission's rules,  47  C.F.R.   0.111  and  0.311,  that  the 
attached Consent Decree is hereby ADOPTED.

     7.   IBM may make its  voluntary contribution to the  United 
States Treasury by  credit card through  the Commission's  Credit 
and Debt  Management Center  at (202)  418-1995 or  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 the 
NAL/Acct. No. referenced above.

     8.   IT IS FURTHER  ORDERED that the  NAL IS CANCELLED,  and 
the investigation  into  the  matters described  in  the  Consent 

     9.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent by Certified Mail,  Return Receipt Requested to James  C. 
Rendeiro, III,  Vice President,  Assistant General  Counsel,  IBM 
Global Services, P.O.  Box 100,  Somers, New York  10589, and  to 
IBM's counsel, Josh L. Roland, Esq., Wilmer, Cutler &  Pickering, 
2445 M Street, N.W., Washington, DC 20037-1420.


                         David H. Solomon
                         Chief, Enforcement Bureau