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


                              )
                              )
In the Matter of                   )              
                              )
Chadmoore Communications Group          )              File   No. 

99-0766
Specialized Mobile Radio Station WPFQ582     )              

NAL/Acct. No. 920EF0063  
Memphis, Tennessee                 )
                              )
PTT Maple, Inc.                    )              File  No.   99-

0766
Specialized Mobile Radio Stations WPHQ434,   )              

NAL/Acct. No. 920EF0064  
WPDB639, WPKN858, and WPKN861      )
Memphis, Tennessee                 )
     
                                                                 
                  MEMORANDUM OPINION AND ORDER


     Adopted:  August 24, 2000          Released:    August   28, 

2000 

By the Chief, Enforcement Bureau:

     1.   This Memorandum Opinion and Order (``Order'')  rescinds 
two proposed monetary forfeitures:  a proposed forfeiture  issued 
to  Chadmoore   Communications  Group   (``Chadmoore''),   former 
licensee of  Specialized Mobile Radio (``SMR'') Station WPFQ582,1 
in the  amount  of  $8,000  for  apparent  willful  and  repeated 
violations of  Section 301 of the Communications Act of 1934,  as 
amended  (``the  Act''),2   current  Section   1.903(a)  of   the 
Commission's Rules (``the Rules''), and former Section  90.113 of 
the Rules3;  and  a  proposed forfeiture  issued  to  PTT  Maple, 
licensee of  SMR Stations WPHQ434, WPDB639, WPKN858, and WPKN861, 
in the amount of $30,000  for the same apparent violations.   The 
proposed  forfeitures  were  assessed  for  Chadmoore's  and  PTT 
Maple's alleged operation of the above-captioned stations from  a 
site not authorized by their licenses.

     2.  On October 18, 1999, the Chief of the former Enforcement 
and   Consumer    Information    Division   of    the    Wireless 
Telecommunications Bureau (``Wireless  Bureau'') issued   Notices 
of Apparent Liability for Forfeiture (``NAL'') in the amounts  of 
$8,000 and $30,000 to Chadmoore4   and PTT Maple,5  respectively, 
for the referenced violations.  Chadmoore  and PTT Maple filed  a 
joint response to the NALs on November 17, 1999.

                           BACKGROUND

     3.   The above-captioned licenses  authorized Chadmoore  and 
PTT Maple to  operate their  stations on  frequency 854.2375  MHz 
from 7434 Raleigh LaGrange Road, Memphis, Tennessee (``authorized 
site'').   The  Commission's   Atlanta,  Georgia,  Field   Office 
(``Field Office'') received a complaint indicating that Chadmoore 
was operating the above-captioned stations from a location  other 
than the  authorized site.  The  Field Office  investigated  that 
complaint and, on  July 31, 1998,  determined through  monitoring 
observations that  Chadmoore and  PTT  Maple were  operating  the 
above-captioned  stations  from  5100  Poplar  Avenue,   Memphis, 
Tennessee (``the  Clark  Tower  site''), a  location  that  their 
licenses did not  authorize.  In  a joint response  to the  Field 
Office's September 2, 1998, letter of inquiry, Chadmoore and  PTT 
Maple admitted, by letter dated September 18, 1998, that they had 
relocated the above-captioned stations  from the authorized  site 
to the Clark Tower site.

     4.   On September 23, 1998, and December 3, 1998, the  Field 
Office  again   monitored   the  above-captioned   stations   and 
determined that  those stations  were  still operating  from  the 
Clark Tower  site.   On October  18,  1999, the  Wireless  Bureau 
released the referenced NALs against Chadmoore and PTT Maple  for 
willful and  repeated  violations  of Section  301  of  the  Act, 
current Section 1.903(a) of the  Rules and former Section  90.113 
of the  Rules.   The  Wireless Bureau  increased  the  amount  of 
Chadmoore's proposed forfeiture from  the base forfeiture  amount 
of  $4,000 for operation from an unauthorized location to  $8,000 
because of Chadmoore's  alleged failure to  take prompt  remedial 
action following  its receipt  of the  Field Office's  letter  of 
inquiry.   The Wireless Bureau also increased the amount of   PTT 
Maple's proposed forfeiture  from the base  forfeiture amount  of  
$4,000 for  operation from  an unauthorized  location to  $30,000 
because of several cited aggravating factors:  multiple stations, 
repeated violations  and  PTT  Maple's alleged  failure  to  take 
prompt  remedial  action  following  its  receipt  of  the  Field 
Office's letter of inquiry.

     5.   In their joint  response to the  NAL Chadmoore and  PTT 
Maple seek rescission or  reduction of the proposed  forfeitures.  
Chadmoore and PTT Maple  argue that by  filing an application  on 
September 23, 1998, to permit  the captioned stations to  operate 
from the Clark Tower  site they did  take prompt remedial  action 
following receipt  of  the  Field  Office's  letter  of  inquiry.  
Chadmoore and PTT Maple state further that their violations  were 
inadvertent, and  at the  time  of the  monitoring by  the  Field 
Office  their  operations  were,  in  effect,  legalized  by  the 
presence of their pending application before the Commission.




                           DISCUSSION

     6.   Section 90.693(b) of the Rules6 permits an  ``incumbent 

licensee''7 to  relocate  its  transmission  site  without  prior 

Commission  approval  if  the  relocation  does  not  result   in 

expansion of the station's 22 dBm V/m interference contour.8  See 

American Beeper Company of  the Virgin Islands,  15 FCC Rcd  5295 

(2000). Since the issuance  of the NAL,  the Wireless Bureau  has 

done a  contour analysis  establishing that  Chadmoore's and  PTT 

Maple's operation from the Clark Tower site does not expand their 

stations' original 22  dBm V/m interference  contours.  We  find, 

therefore, that Chadmoore's  and PTT Maple's  operation from  the 

Clark Tower site  was permitted  under Section  90.693(b) of  the 

Rules.  Upon review of the particular circumstances in this  case 

and in accordance with the discretion afforded to the  Commission 

by Section 504 of the Act9 and implemented by Section 1.80(i)  of 

the Rules,10 we have determined  that rescission of the  proposed 

forfeitures is warranted.

                        ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED, pursuant to Section  504(b) 
of the Act11 and Sections 0.111,  0.311 and 1.80 of the  Rules,12 
that the  Notices of  Apparent  Liability for  Forfeiture  issued 
against Chadmoore and PTT Maple ARE RESCINDED.

     8.   IT IS FURTHER ORDERED that, a copy of this Order  shall 

be  sent  certified  mail,  return  receipt  requested,  to   the 

Chadmoore Communications  Group  and  PTT Maple,  Inc.,  2875  E. 

Patrick Lane, Suite G, Las Vegas, Nevada 89120.

                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau                                                                

_________________________

1 Chadmoore was the licensee of SMR Station WPFQ582 from June 13, 
1998, until September 29, 1998.  On September 29, 1998, PTT 
Maple, Inc., (``PTT Maple'') became the licensee of the station 
pursuant to an assignment application.  PTT Maple is apparently a 
wholly owned subsidiary of Chadmoore.  Because we are rescinding 
the proposed forfeiture for the reasons described in this Order, 
we need not decide Chadmoore's responsibility for any violations 
which occurred during PTT Maple's ownership of the station.

2 47 U.S.C.  301.

3 47 C.F.R.   1.903(a) and 90.113.  On  February 12, 1999,  the 
requirement that  stations operate  in  accordance with  a  valid 
station authorization was moved from Section 90.113 of the  Rules 
to Section  1.903(a) of  the Rules.   See In  the Matter  of  the 
Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 
26, 27, 80, 87, 90, 95, 97  and 101 of the Commission's Rules  to 
Facilitate the  Development and  Use of  the Universal  Licensing 
Service in the Wireless  Telecommunications Services, 13 FCC  Rcd 
21027 (1998).  Section  90.113 of the  Rules was applicable  from 
May 6, 1998, to February 11, 1999.

4 Chadmoore Communications Group, 14 FCC Rcd 17649 (WTB 1999).

5 PTT Maple, Inc., 14 FCC Rcd 17645 (WTB 1999).

6   47 C.F.R. 90.693(b). 

7 The above-captioned licenses are site-specific 800 MHz SMR 
licenses.  All such licenses were granted before December 15, 
1995, or were granted on the basis of applications filed before 
that date.  Chadmoore and PTT Maple, therefore, qualify as  
``incumbent licensees'' under Section 90.693(a) of the Rules, 47 
C.F.R.  90.693(a).
 
8 Section 90.693(b) also contains a requirement for Commission 
notification subsequent to changes in technical parameters.  In 
this Order, we do not address the question of Chadmoore's and PTT 
Maple's compliance with the notification requirement because 
failure to comply with that requirement would not alter the fact 
that the changes in the captioned stations' technical parameters 
did not require Commission approval. See American Beeper Company 
of the Virgin Islands, 15 FCC Rcd 5295 (2000).

9 47 U.S.C. 504.

10 47 C.F.R. 1.80(i).

11 47 U.S.C. 504(b).

12 47 C.F.R. 0.111, 0.311, and 1.80.