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



In the Matter of                             )
                                        )
Notice of Apparent Liability for Forfeiture of              )
                                        )
Suburban Cellular, LLC                                 )
                                        )    File No.  920EF0045   
Licensee of Cellular Radiotelephone Service            )
                                        )   
                                        )


          NOTICE OF APPARENT LIABILITY FOR FORFEITURE
 

 Adopted:  June 11, 1999                Released: June 14, 1999

By the Chief, Enforcement and Consumer Information Division,
Wireless Telecommunications Bureau:

                               I. Introduction

     1.  This is a Notice of Apparent Liability for Forfeiture, pursuant to Section 503(b) of the
Communications Act of 1934, as amended (the "Act"), and Section 1.80 of the Commission's Rules,
against Suburban Cellular, LLC ("Suburban"), licensee of Cellular Radiotelephone Service Station
KNKR205 Market 19, Channel Block B2 in Denver, Colorado.  As discussed below, we find that
Suburban failed to timely notify the Commission of the commencement of service of Station KNKR205,
in apparent violation of Section 22.142(b) of the Commission's Rules.  We conclude that Suburban is
apparently liable for forfeiture in the amount of one thousand five hundred dollars ($1,500).

                              II. Background

     2.  The Commission authorized Suburban to construct Station KNKR205 on May 9, 1997, at
Denver, Colorado, for Market 19, Channel Block B2.  The authorization required that Suburban
complete construction and commence service within one year of the date of the authorization, May 9,
1998.  On July 1, 1998, Suburban filed an FCC Form 489 whereby Suburban notified the Commission
that it had completed construction of Station KNKR205 and commenced service on February 27, 1998. 
Suburban acknowledged that it had not filed its FCC Form 489 on time, attributed its dereliction to
inadvertence, and requested a waiver of Section 22.142(b) of the Commission's rules. 

                        III.  Discussion

     3.  Section 22.142(b) of the Commission's Rules provided in pertinent part: "Notification
Requirement.  Licensees must notify the FCC (using FCC Form 489) of commencement of service to
subscribers . . . no later than fifteen days after service begins."  The purpose of the Form 489 is to notify
the Commission that construction has been completed, and the frequency is in use, so that the
Commission will not assign that frequency to anyone else.  FCC Form 489, therefore, has an important
function.  The Bureau's policy of imposing monetary forfeitures for willful and/or repeated violation of
Section 22.142(b) of the Commission's Rules is well established.

     4.   Pursuant to Section 22.142(b), Suburban was required to notify the Commission that it had
completed construction and commenced service by filing an FCC Form 489 within 15 days of
commencement of service.  Suburban, however, did not file a FCC Form 489 notifying the Commission
of its completion of construction and commencement of service of Station KNKR205 until July 1, 1998,
approximately four months after the deadline for doing so. Suburban admits that it did not timely file a
FCC Form 489 for Station KNKR205 due to an inadvertent error.  Based on the information before us,
we find that Suburban failed to timely notify the FCC of the commencement of service of Station
KNKR205 in apparent violation of Section 22.142(b) of the Commission's Rules.

     5. We also find no basis for waiving Section 22.142(b) of the Commission's Rules in this 
instance.  According to Section 1.925(b)(3) of the Commission's Rules, the Commission may grant such
a waiver if:  

     (i)  The underlying purpose of the rule(s) would not be served or would be frustrated
     by application to the instant case, and that a grant of the requested waiver would be in the
     public interest; or
     
     (ii) In view of unique or unusual factual circumstances of the instant case, application
     of the rule(s) would be inequitable, unduly burdensome or contrary to the public interest,
     or the applicant has no reasonable alternative.

Suburban has not met its burden as to either criterion.  Suburban does not demonstrate how the
underlying purpose of Section 22.142(b) would be frustrated in the absence of a waiver.  It does not
show how grant of a waiver would serve the public interest.  Finally it does not identify any unique or
unusual circumstances that would justify a waiver.  Clearly, mere inadvertent oversight does not provide
a basis for waiving Section 22.142(b) of the Commission's Rules. 

     6.   The guidelines in the Commission's Forfeiture Policy Statement specify a base
forfeiture amount of $3,000 for failure to file required forms or information.  We note that there
have been cases subject to the Forfeiture Policy Statement in which we have used a $2,000 base
amount for forfeitures involving a failure to file a timely FCC Form 489.  Upon further
reflection, however, in light of the Commission's clear guidance and the fact that the Form 489
does serve an important function, we believe it is more appropriate to use the $3,000 amount as
the appropriate base amount.  Section 503(b)(2)(D) of the Act 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 the instant case taking into consideration all of the factors
required by Section 503(b)(2)(D) of the Act, Suburban's voluntary disclosure of its violation to
the Commission, and the duration of the violation, we believe it is appropriate to reduce the
amount of the proposed forfeiture to $1,500.

                            IV.  Ordering Clauses

     7.  ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as
amended, and Section 1.80 of the Commission's Rules, Suburban is hereby NOTIFIED of its
APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand five hundred dollars
($1,500) for violating Section 22.142(b) of the Commission's Rules. 

     8.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that
within thirty days of the release of this Notice, Suburban SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed
forfeiture.

     9.  IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/
Return Receipt Requested, to Suburban Cellular, LLC, 14 Benevento Circle, Peabody, MA 01960.


                    FEDERAL COMMUNICATIONS COMMISSION



                    Catherine W. Seidel
                    Chief, Enforcement and Consumer Information Division
                    Wireless Telecommunications Bureau