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

CERTIFIED MAIL # 7001 0320 0002 9838 7561

In the Matter of                  )
Nextel WIP License Corp.          )    File Number:  EB-02-HL-078
Palehua Ridge, Hawaii             )    NAL/Acct. No. 200232860002
                                 )    FRN  0002-2070-66
10120 West 76th Street            )
Eden Prairie, MN  55344


                                             Released:  September 30, 

By the Enforcement Bureau, Honolulu Resident Agent Office:

                           I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture ("NAL"), 
we  find  that  Nextel   WIP  License  Corp.,  ("Nextel"),  apparently 
willfully violated Section  301 of the Communications Act  of 1934, as 
amended  (``Act'')1 by  operating a  radio station  without Commission 
authorization.  We conclude,  pursuant to Section 503(b)  of the Act,2 
that Nextel is apparently liable for a forfeiture in the amount of ten 
thousand dollars ($10,000).

                            II.  BACKGROUND

     2.   On  August 27,  2002,  a Honolulu  Office  Agent received  a 
complaint of interference from the Hawaiian Electric System Operations 
Department.  The Waiau power plant had been receiving severe wide-band 
continuous interference to its licensed Business Radio station WPTA721 
operating on  854.7875 MHz  for the past  several months.   A database 
search  found no  other licensees  assigned to  that frequency  in the 

     3.   On August 28, 2002, a  Honolulu Office Agent determined that 
the interfering signal was a  Nextel transmitter operating on 854.7875 
MHz.  The  Agent confirmed  the unauthorized  operation with  a Nextel 
engineer who advised that Nextel's  license for a trunked SMRS station 
at Palehua Ridge, Hawaii did  not authorize operation on 854.7875 MHz.  
A  Nextel   technician  was  dispatched  immediately   to  remove  the 
transmitter from the air.  

                         III.      DISCUSSION

     4.   Section  503(b) provides  that any  person who  willfully or 
repeatedly fails to comply substantially with the terms and conditions 
of any license  or fails to comply  with any of the  provisions of the 
Act  or of  any rule,  regulation or  order issued  by the  Commission 
thereunder,  shall  be liable  for  a  forfeiture penalty.   The  term 
"willful"  as used  in Section  503(b)  has been  interpreted to  mean 
simply that the acts or omissions are committed knowingly.3

     5.   Section 301 of  the Act sets forth generally  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 this Act and with a license granted under 
the provisions  of this  Act.  The Rules  governing the  licensing and 
operation of  trunked SMR stations  are set  forth under Subpart  S of 
Part 90 of the Rules.4

     6.   Based  on  the  evidence  before us,  we  find  that  Nextel 
willfully  violated Section  301 of  the  Act by  operating a  station 
without  a proper  license.  The  base  forfeiture amount  set by  The 
Commission's Forfeiture Policy Statement and Amendment of Section 1.80 
of the  Rules to  Incorporate the Forfeiture  Guidelines, ("Forfeiture 
Policy Statement"),5 and Section 1.80  of the Rules,6 for operating an 
unlicensed  radio  station  is  $10,000.  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,7 which include 
the nature,  circumstances, extent,  and gravity of  the violation(s), 
and  with respect  to the  violator,  the degree  of culpability,  and 
history of prior  offenses, ability to pay, and other  such matters as 
justice may require.  Applying the Forfeiture Policy Statement and the 
statutory  factors  to  the  instant case,  a  $10,000  forfeiture  is 

                         IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED  THAT, pursuant to Section 503(b) 
of the  Communications Act  of 1934, as  amended, and  Sections 0.111, 
0.311 and 1.80 of the Commission's Rules, Nextel WIP License Corp., is 
amount of ten thousand dollars  ($10,000) for violation of Section 301 
of the Communications Act of 1934, as amended.8

     8.    IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the 
Commission's Rules,  within thirty  days of the  release date  of this 
NOTICE OF APPARENT LIABILITY, Nextel SHALL  PAY the full amount of the 
proposed  forfeiture  or  SHALL   FILE  a  written  statement  seeking 
reduction or cancellation of the  proposed forfeiture.  Payment of the 
forfeiture  may be  made 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 
must include the  FCC Registration Number (``FRN'')  and the NAL/Acct. 
Number referenced in the caption. 

     9.   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-02-HL-078; and  MUST INCLUDE  THE NAL/Acct.  No. referenced  in the 

     10.  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.  

     11.  Requests for  payment of the  full amount of this  Notice of 
Apparent  Liability  under an  installment  plan  should be  sent  to:  
Chief,  Revenue and  Receivables  Operations Group,  445 12th  Street, 
S.W., Washington, D.C. 20554.9

LIABILITY shall be sent by Certified  Mail # 7001 0320 0002 9838 7561, 
Return Receipt Requested to Nextel  WIP License Corp., 10120 West 76th 
Street, Eden Prairie, MN  55344.

                              FEDERAL COMMUNICATIONS COMMISSION

                              Ryan Hagihara
                              Resident Agent, Honolulu Office

Cc:  Nextel
     3375 Koapaka Street, Suite D155
     Honolulu, HI  96819


1 47 U.S.C.  301.

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

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which applies 
to violations for which forfeitures are assessed under 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 C.F.R.  90.601 et seq. 

5  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

6  47 C.F.R.  1.80.

7  47 U.S.C.  503(b)(2)(D).

8  47 U.S.C.  301 and 503(b); 47 C.F.R.  0.111, 0.311 and 1.80.

9  See 47 C.F.R.  1.1914.