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

In the Matter of                )
Nextel Communications, Inc.     )           File No. EB-00-OR-024
Reston, Virginia                )           NAL/Acct.No. X3262005


                                         Released: April 24, 2000

By the Enforcement Bureau, New Orleans Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Nextel Communication, Inc., apparently violated Section 
301 of the Communications Act of 1934 (``Act''), as amended,1  by 
operating  an   unlicensed  radio   station  without   Commission 
authorization.  We conclude that  Nextel Communication, Inc.,  is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND
     2.   On  February  8,  2000,   the  Commission  received   a 

telephone complaint from a radio service company representing the 

Jefferson Parish Fire Department.  The complainant reported  that 

there was a digitally modulated  signal on the fire  department's 

frequency, 851.3625 MHz,  that was causing  interference to  fire 

communications.  Commission records indicated that the  Jefferson 

Parish Fire Department, licensed as the Parish of Jefferson,  was 

the only authorized user in the local area. 

     3.   Still on February 8, 2000, a Commission agent, using  a 

mobile digital  direction  finding (``MDDF'')  vehicle,  observed 

these digital radio  transmissions and determined  the origin  of 

these signals  to be  an antenna  on the  roof of  a  condominium 

located at 123 Walnut Street, New Orleans, Louisiana.  There  was 

no evidence  of  a  Commission authorization  for  a  transmitter 

operated on this frequency  at this location. Commission  records 

indicated that there are only two other licensees in the State of 

Louisiana:  Nextel  Communications  with  nine  sites  in   other 

locations within the state, and Entergy Services with one site in 

north Louisiana.   Since  the  condominium  manager  stated  that 

Nextel  had  transmitting  equipment  at  this  site,  the  agent 

contacted Nextel's technical  manager to determine  if they  were 

responsible  for  these  transmissions.   After  checking   their 

records, Nextel admitted that they had mistakenly programmed  the 

wrong frequency  into a  transmitter at  this location  and  that 

Nextel had no authorization to use the frequency 851.3625 MHz  in 

New Orleans, Louisiana.

     4.   On February  15,  2000, the  Commission's  New  Orleans 

Office issued to Nextel License  Holdings 1, Inc., an  unlicensed 

operation warning letter for operation of transmitting  equipment 

on 851.3625  MHz at  123 Walnut  Street, New  Orleans,  Louisiana 

without Commission  authorization.  On  March 17,  2000, the  New 

Orleans Office  received  a letter  from  Nextel  Communications, 

Inc., in response to the  warning letter.  In that letter,  Robin 

Glenny, Regulatory Manager  for Nextel,  stated, ``As  previously 

discussed with your office, Nextel  did operate on the  frequency 

851.3625 MHz  due  to an  administrative  error in  the  list  of 

authorized frequencies at the 123 Walnut Street site.''

                        III.  DISCUSSION

     5.   Section 301 of  the Act  sets forth  generally that  no 

person shall use or operate any apparatus for the transmission of 

energy of communications  or signals by  radio within the  United 

States except under  and in accordance  with the Act  and with  a 


     6.   Based on  the  evidence  before us,  we  find  that  on 

February  8,  2000,   Nextel  Communications,  Inc.,   willfully3 

violated Section 301 of the  Act by operating radio  transmission 

apparatus without a Commission authorization.

     7.   Pursuant  to   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)  (``Forfeiture  Policy 

Statement''),  the  base   forfeiture  amount   is  $10,000   for 

unlicensed  operation.  In  assessing  the  monetary   forfeiture 

amount, we must also take into account the statutory factors  set 

forth in  Section  503(b)(2)(D) of  the  Act, which  include  the 

nature, circumstances, extent, and  gravity of the  violation(s), 

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.4  Nextel Communications'  violation  was 

willful, and resulted in interference to a public safety  entity.  

Nextel Communications,  as a  Commission licensee,  should  fully 

understand the requirements of the Act.  Applying the  Forfeiture 

Policy Statement and  statutory factors  to the  instant case,  a  

$10,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 

Commission's  Rules,6  Nextel  Communications,  Inc.,  is  hereby 


amount of ten  thousand dollars ($10,000)  for violating  Section 

301 of the Act7.

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules,8 within thirty  days of the release  date 
of this  NOTICE  OF APPARENT  LIABILITY,  Nextel  Communications, 
Inc., SHALL PAY  the full  amount of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     10.  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. X3262005

     11.  The response if  any must  be mailed to  Office of  the 
Secretary, Federal  Communications Commission,  445 12th  Street, 
S.W., Washington, D.C.  20554, ATTN: Enforcement  Bureau -  TPSD, 
NAL/Acct. No.  X3262005,  and  must  include  the  NAL/Acct.  No. 

     12.  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; 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.

     13.  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. 20554.9

     14.   IT IS FURTHER  ORDERED THAT a copy  of this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested Nextel Communications, Inc., 2001 Edmund Halley  Drive, 
Reston, VA 20191.


                         James C. Hawkins
                         District Director,  New Orleans  Office, 
Enforcement Bureau

1 47 U.S.C.  301.

2 47 U.S.C.  301

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or omission 
of any act, means the conscious and deliberate commission or 
omission of such act, irrespective of any intent to violate any 
provision of this Act ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

4 47 U.S.C.  503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and 
downward adjustment factors).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 47 U.S.C.  301

8 47 C.F.R.  1.80.

9 See 47 C.F.R.  1.1914.