Click here for Microsoft Word Version
******************************************************** 
                      NOTICE
********************************************************

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 (above).

*****************************************************************



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


In the Matter of                        )
                              )
CARMELITA T. GOSSARD               )    File No. EB-00-TS-044
d/b/a AA BEEP                                     )    NAL/Acct. 

No. X3210-003
Licensee of Paging Station KNKK662
Cudjoe Key, Florida

                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted:   October 5, 2000                   Released:  
October 10, 2000

By the Chief, Enforcement Bureau:

                        I.   Introduction

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Carmelita T. Gossard, d/b/a AA Beep (AA Beep), operated 
a paging  system without  Commission authorization,  in  apparent 
violation of  Section  301  of the  Communications  Act  of  1934 
(``Act'')1, as  amended, and  Section  22.3 of  the  Commission's 
Rules (``Rules'').2   We  conclude  that AA  Beep  is  apparently 
liable for a forfeiture  in the amount  of five thousand  dollars 
($5,000).  

                         II.  Background

     2.  AA Beep's authorization for Public Mobile Radio  Station 
KNKK662, expired on April 1, 1999.   On October 8, 1999, AA  Beep 
filed an application  for renewal of  the authorization for  that 
station  and  requested  the  waiver  of  Section  1.949  of  the 
Commissions Rules.3  AA Beep's  waiver request indicates that  AA 
Beep apparently operated paging facilities without  authorization 
between April  1, 1999,  and October  8, 1999.   On November  30, 
1999,  the  Commission  granted  AA  Beep's  waiver  request  and 
reinstated its authority to operate Station KNKK662. 

                         III. Discussion

     3.  Section 301 of  the Act sets  forth the general  mandate 
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.   Section 22.3 of the Commission's  Rules 
provides, in pertinent part, that  stations in the Public  Mobile 
Service must be operated  with a valid Commission  authorization.   
We conclude  that AA  Beep operated  a paging  station without  a 
valid license  between April  1, 1999,  and October  8, 1999,  in 
apparent willful and  repeated violation  of Section  301 of  the 
Communications Act and Section 22.3 of the Rules.

     5.  The Commission  has stated that  ``The Wireless  Bureau, 
after reviewing all  the facts and  circumstances concerning  the 
late filing of [a] renewal  application, may, in its  discretion, 
also initiate enforcement action against  the licensee for . .  . 
unauthorized operation. . . . .'' 4  In addition, the  Commission 
stated that applications for renewal  received more than 30  days 
after expiration of  the license may  lead to ``more  significant 
fines or forfeitures.''5  In this case, AA Beep operated  without 
a license  and filed  a renewal  application more  than 180  days 
after its license expiration.

     6.  The guidelines contained in the Commission's  Forfeiture 
Policy Statement, 12 FCC Rcd 17087, 17113 (1997), recon.  denied, 
15 FCC  Rcd  303 (1999),  specify  a base  forfeiture  amount  of 
$10,000 for operation without an instrument of authorization  for 
the service.   Section  503(b)(2)(D)  of the  Act6  requires  the 
Commission to consider  ``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.''   In  this 
case, AA  Beep failed  to  file an  application for  renewal  and 
operated a station whose  license had expired  for over 180  days 
under circumstances where  the Commission  has envisioned  ``more 
significant fines or forfeitures'' for violations in excess of 30 
days.  On the other hand,  AA Beep had previously been  licensed, 
so this  is not  comparable  to ``pirate''  wireless  operations, 
which typically have been subject to forfeitures of approximately 
$10,000.7  Taking these facts into  consideration and all of  the 
factors required  by  Section 503(b)(2)(D)  of  the Act  and  the 
Forfeiture Policy  Statement, we  conclude that  a forfeiture  of 
$5,000 is warranted.

                      IV.  Ordering Clauses
  
     7.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act8 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules9 is  hereby  NOTIFIED  of  its  APPARENT  LIABILITY  FOR  A 

FORFEITURE  in the amount of $5,000 for violation of  Section 301 

of the Communications Act of  1934, as amended, and Section  22.3 

of the Commission's Rules.   The amount specified was  determined 

after  consideration  of  the   factors  set  forth  in   Section 

503(b)(2)(D) of  the  Act,  47 U.S.C.    503(b)(2)(D),  and  the 

guidelines enumerated in the Forfeiture Policy Statement.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 

the Commission's Rules, within thirty days of the release of this 

NOTICE OF APPARENT LIABILITY, AA  Beep SHALL PAY the full  amount 

of the  proposed forfeiture  or SHALL  FILE a  written  statement 

seeking reduction or cancellation of the proposed forfeiture.

     9.   Payment of the  forfeiture 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  Forfeiture  Collection  Section,  Finance  Branch,   Federal 

Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 

60673-7482.  The payment should note the NAL/Acct. No.:    X3210-

003.

     10.   The  response  if  any  must  be  mailed  to   Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W.  Washington,  D.C.  

20554, Ref: EB-00-TS-044; NAL/Acct. No. X3210-003.

     11.  The Commission will not consider reducing or  canceling 

a forfeiture in response  to a claim of  inability to pay  unless 

the petitioner  submits: (1)  federal tax  returns for  the  most 

recent  three-year  period;  (2)  financial  statements  prepared 

according to generally accepted accounting practices  (``GAAP''); 

or (3)  some  other  reliable and  objective  documentation  that 

accurately reflects  the petitioner's  current financial  status.  

Any claim  of inability  to pay  must specifically  identify  the 

basis for the claim by  reference to the financial  documentation 

submitted.

     12.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 

S.W., Washington, D.C. 20554.10

     13.   IT IS FURTHER ORDERED THAT this notice shall be  sent, 
by certified  mail,  return  receipt requested,  to  counsel  for 
Carmelita T. Gossard d/b/a AA Beep, O'Connor & Hannan,  Attention 
Audrey P. Rasmussen, 1666 K Street, NW, Suite 500, Washington, DC  
20006-2803. 


                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau
  

_________________________

1  47 U.S.C.  301.

2 47 C.F.R.  22.3.

3 47 C.F.R.  1.949.  This Section provides , in pertinent  part, 
that ``Applications for renewal of authorizations in the Wireless 
Radio Services must be filed no later than the expiration date of 
the authorization for which renewal is 
sought. . . .'' 


4 The enforcement responsibilities of the Wireless 
Telecommunications Bureau are now with the Enforcement Bureau.  
See 47 C.F.R.  0.111.

5   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 System in the Wireless Telecommunications Services, 
Memorandum Opinion and Order upon reconsideration, 14 FCC Rcd 
11476, 11485-11486 (1999).

6 47 U.S.C. 503(b)(2)(D).

7 See, e.g., Colorado CallComm, Inc., 15 FCC Rcd 9397 (Enf. Bur. 
2000) and Jean R. Jonassaint, 15 FCC Rcd 10422 (Enf. Bur. 2000).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, and 1.80.

10 See 47 C.F.R.  1.1914