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


In the Matter of                        )
                              )
DATA INVESTMENTS, INC.             )
  d/b/a STAR COMMUNICATIONS        )   
Licensee of Paging Stations KNKC938          )    
    KNKJ977, KNKC272 and KNKC934        )    File  No.  EB-00-TS-

146
Cape Girardeau, Missouri                          )    NAL/Acct. 

No. 200132100008
                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted:  November 27, 2000                       Released:  
November 29, 2000 

By the Chief, Enforcement Bureau:

                        I.   Introduction

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Data Investments, Inc., d/b/a Star Communications (Star 
Communications),  operated  paging  systems  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 
Star Communications is apparently liable for a forfeiture in  the 
amount of five thousand dollars ($5,000).  

                         II.  Background

     2.  Star  Communications'  authorization for  Public  Mobile 
Radio Stations KNKC938, KNKJ977, KNKC272 and KNKC934, expired  on 
April 1, 1999.   On December 27, 1999, Star Communications  filed 
applications for renewal of  the authorizations for the  stations 
and requested  the waiver  of Section  1.949 of  the  Commissions 
Rules.3 Star Communications' waiver  request indicates that  Star 
Communications  apparently  operated  paging  facilities  without 
authorization between April 1, 1999  and December 27, 1999.    On 
March 20,  2000,  the  Commission  granted  Star  Communications' 
waiver request and reinstated  its authority to operate  Stations 
KNKC938, KNKJ977, KNKC272 and KNKC934. 

                           II.  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 Star  Communications operated  paging  stations 
without valid licenses  between April 1,  1999, and December  27, 
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,  Star  Communications 
operated without valid  licenses and  filed renewal  applications 
after the licenses expired.  

     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, Star Communications failed to file applications for renewal 
and  operated  paging  stations  under  circumstances  where  the 
Commission   has   envisioned   ``more   significant   fines   or 
forfeitures'' for violations in excess of 30 days.  On the  other 
hand, Star Communications 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, Star Communications  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,  Star Communications 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 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.:?????  200132100008.

     10.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

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

20554, Ref: EB-00-TS-146; NAL/Acct. No.:  200132100008. 

     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, 
SW, Washington, D.C. 20554.10

     13.   IT IS FURTHER ORDERED THAT this notice shall be  sent, 
by certified  mail,  return  receipt  requested,  to  Timothy  J. 
Singleton, Data  Investments,  Inc., d/b/a  Star  Communications, 
P.O. Box 537, Cape Girardeau, Missouri  63702-0537.

                              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., 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