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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 ) ) ) SNIDER COMMUNICATIONS CORP ) File No. EB-99-TS- 032 ) Licensee of Paging Radio Stations KNKB939, ) NAL/Acct. No. X20EF0011 KNKG837, KNKM425, KNKM500, KNKM502 ) KNKM519, KNKM521,KNKM600, KNKM618 ) KNKM520, KNKP704, KNKO557, KNKM635 ) and KNKM501 ) ) Various Locations in Arkansas ) FORFEITURE ORDER Adopted: September 26, 2000 Released: September 28, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order (``Order''), we issue a monetary forfeiture in the amount of three thousand dollars ($3,000) against Snider Communications Corp. (``Snider'') for willful violation of Section 1.949 of the Commission's Rules (``Rules'').1 The noted violation involves Snider's failure to file license renewal applications for the above- captioned stations prior to the expiration of the authorizations for those stations II. BACKGROUND 2. Snider's authorizations for the captioned stations expired on April 1, 1999. Snider, however, did not file applications for renewal of the authorization of the above listed stations until June 10, 1999. On September 20, 1999, the Commission's staff granted the late-filed renewal applications. 3. On November 5, 1999, the Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau, issued a Notice of Apparent Liability for Forfeiture (``NAL'') to Snider in the amount of $21,000 for its apparent failure to file license renewal applications for the above-captioned 14 stations prior to the expiration of the authorizations for those stations, in willful violation of Section 1.949 of the Rules.2 4. Snider responded to the NAL on December 6, 1999, requesting that the forfeiture be reduced to $1,000. III. DISCUSSION 5. Section 503(b)(2)(D) of the Communications Act of 1934, as amended (``Act'') requires that the Commission ``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 other such matters as justice may require.''3 6. We have reviewed the calculation of the forfeiture amount. The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (``Policy Statement'') sets a base forfeiture amount of $3,000 for failure to file required forms or information. 7. Taking into account all of the factors set forth in the Policy Statement and Section 503(b) of the Act, we conclude that the appropriate forfeiture amount is $3,000. We believe a justified increase in the base amount due to the fact that several licenses were involved is appropriately offset by the fact that Snider voluntarily disclosed the violations in less than 90 days. IV. ORDERING CLAUSES 8. 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 Rules,4 Snider, IS LIABLE FOR A MONETARY FORFEITURE in the amount $3,000 for willful violation of Section 1.949 of the Rules, which requires that license renewal applications be filed prior to expiration. 9. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the Act.5 Payment may be made 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 Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No. X20EF0011 referenced above. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554.6 10. IT IS FURTHER ORDERED that, a copy of this Order shall be sent by Certified Mail, Return Receipt Requested to Snider Communications Corp., and that a copy shall also be sent by first class mail to its counsel, Eliot J. Greenwald, Esq., Swidler Berlin Shereff Friedman, LLP, 3000 K Street, N.W., Suite 300, Washington, D.C. 20007. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. § 1.949. 2 Notice of Apparent Liability for Forfeiture, 14 FCC Rcd 20047 (WTB, 1999). 3 47 U.S.C. § 503(b)(2)(D). 4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). 5 47 U.S.C. § 504(a). 6 See 47 C.F.R. § 1.1914.