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

     
In the Matter of                )       
                                )
PCS Communications, Inc.        )  File No. EB-99-PA-185
1111 Lincoln Avenue             )
Prospect Park, Pennsylvania     )  NAL/Acct. No. 915PA0009       

 
                  MEMORANDUM OPINION AND ORDER

   Adopted:  August 19, 2000            Released:    August   21, 
2000

By Chief, Enforcement Bureau:

                                 
 1. In this Memorandum Opinion and Order (``Order''), we  cancel 
  a Notice  of Apparent Liability  for Forfeiture (``NAL'')  that 
  was issued by  the former Compliance and Information Bureau  to 
  PCS Communications, Inc. (``PCS Communications'') for  apparent 
  violations of  Sections 301  and 333 of  the Communications  of 
  1934,  as  amended (``Act'').1   The  violations  involved  PCS 
  Communications'  alleged  operation  of  a  radio  station   on 
  810.5125  MHz  without  Commission  authorization  that  caused 
  interference to a Commission licensee.

     2.   During  March  and  April  of  1999,  the  Commission's 
Philadelphia,  Pennsylvania  Field   Office  (``Field   Office'') 
investigated complaints  from  Jack  Coupe  Communications,  Inc. 
(``Coupe''),  a  Commission  licensee,  that  its  repeater   was 
receiving  interference.    The  Field   Office's   investigation 
revealed that PCS Communications was apparently operating a radio 
station without  Commission  authorization  that  was  apparently 
responsible   for   the   interference   to   Coupe's   repeater.  
Consequently, on  August  23,  1999, the  Field  Office  District 
Director issued a $20,000 NAL to PCS Communications for allegedly 
violating Sections 301 and 333  of the Act.2  PCS  Communications 
responded  to  the  NAL  on  September  22,  1999,  and  filed  a 
supplemental response on February 22, 2000.

     3.   In its response to  the NAL, PCS Communications  raises 
several issues  regarding  the Field  Office's  investigation  of 
Coupe's  complaints  and  alleges  that  the  record  is  neither 
accurate nor complete.

     4.   After reviewing  the particular  circumstances in  this 
case, and per the discretion authorized by Section 504(b) of  the 
Act,3 and as  provided by  Section 1.80(f)(4) of  the Rules,4  we 
conclude that cancellation of the NAL is warranted.

     5.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
504(b) of the Act  and Section 1.80(f)(4) of  the Rules, the  NAL 
issued to PCS Communications, Inc. IS CANCELLED.

     6.   IT IS FURTHER ORDERED that, a copy of this Order  shall 
by sent  by  certified mail,  return  receipt requested,  to  PCS 
Communications,  Inc.,  1111   Lincoln  Avenue,  Prospect   Park, 
Pennsylvania 19076, and to its  counsel, Robyn G. Nietert,  Esq., 
Brown  Nietert  &  Kaufman,  1920  N  Street,  N.W.,  Suite  660, 
Washington, D.C. 20035. 

      
 

                           FEDERAL COMMUNICATIONS COMMISSION



                           David H. Solomon
                           Chief, Enforcement Bureau
_________________________

1 47 U.S.C.  301 and 333.

2 PCS Communications, Inc., NAL/Acct. No. 915PA0009 (Compl. & 
Inf. Bur., Philadelphia Office, Aug. 23, 1999).

3 47 U.S.C.  504(b).

4 47 C.F.R.  1.80(f)(4).