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

In the Matter of                )
                                )       File No. EB-02-NY-124
Gateway Security Systems, Inc.  )       NAL/Acct. No. 
Jamaica, NY                     )
                                )       FRN: 0007-1609-22


                                        Released:    August   19, 

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  Gateway  Security  Systems,  Inc.,  has 
apparently violated Section 301 of the Communications Act of 1934 
(``Act''),1 as  amended,  by  operating  a  repeater  station  on 
464.0375  MHz  and  portable  radio  transmitting  equipment   on 
469.0375 MHz.  We conclude  that Gateway Security Systems,  Inc., 
is apparently liable for forfeiture in the amount of ten thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   On May 23, 2002,  the FCC New  York Office, received  a 
complaint  of   interference   affecting   the   frequency   pair 
464.050/469.050 MHz, from a FCC licensed user. 

     3.   On May  24,  2002, Commission  agents  using  direction 
finding  techniques  positively   located  the   source  of   the 
interference to Gateway Security  Systems, Inc., at Terminal  #4, 
JFK International Airport,  Jamaica, NY.   The agents  determined 
that Gateway Security Systems, Inc., operated a repeater  station 
on 464.0375 MHz and portable transceivers on 469.0375 MHz.  There 
was no evidence of a Commission authorization for this  operation 
in Jamaica, NY. 

     4.   On May 30,  2002, the  New York Office  sent a  Warning 
Letter for  unlicensed operation,  by First  Class and  Certified 
Mail Return Receipt Requested, to Gateway Security Systems,  Inc.  
The New  York Office  did  not receive  a  reply to  the  Warning 

                        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 or communications  or signals by  radio within the  United 
States except under  and in accordance  with the Act  and with  a 
license granted under the provisions of the Act. 

     6.   Based on the evidence before  us, we find that  Gateway 
Security Systems, Inc., operated radio transmission equipment  on 
464.0375 and 469.0375 MHz on  May 24, 2002, without a  Commission 
authorization in willful2 violation of Section 301 of the Act.

     7.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')3, 
sets  the  base  forfeiture  amount  for  operation  without   an 
instrument  of  authorization  at  $10,000.   In  assessing   the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors set forth in Section 503(b)(2)(D) of the  Act,4 
which include 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 
other  such  matters  as   justice  may  require.  Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  ten  thousand  dollar ($10,000)  monetary  forfeiture  is 

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules6, Gateway  Security Systems,  Inc., is  hereby 
amount of ten thousand dollars ($10,000) for willfully  violating 
Section 301 of the Act. 

     9.   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,  Gateway  Security  Systems, 
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 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. 200232380003 and FRN: 0007-1609-22.

     11.  Any response  to this  NAL must  be mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232380003. 

     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  (``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 

     13.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.7

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Gateway Security Systems, Inc., Building 14 - Second 
Floor, JFK International Airport, Jamaica, NY 11430.

                                FEDERAL            COMMUNICATIONS 

                                Daniel W. Noel
                                District Director
                                New York Office

1 47 U.S.C.  301.

2 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).

347 C.F.R.  1.80.
47 U.S.C.  503(b)(2)(D).

547 U.S.C.  503(b).

647 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.