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

In the Matter of                  )
                                 )
Echonet Corporation               )    File Number:  EB-03-DV-020
                                 )    
Operator of Unlicensed            )    NAL/Acct. No. 200332800011
Television                        )    FRN  0008-3792-16
Broadcast Translator Station      )
Cheyenne, Wyoming



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  
                                             April 3, 2003


By the Acting District  Director, Denver Office, Enforcement 
Bureau:


                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  ("NAL"),  we   find  that  Echonet  Corporation, 
("Echonet"), has apparently  repeatedly violated Section 301 
of the Communications  Act of 1934, as  amended ("Act"),1 by 
operating a television  broadcast translator station without 
Commission authorization.  We  conclude, pursuant to Section 
503(b) of the Act,2 that  Echonet is apparently liable for a 
forfeiture in the amount of ten thousand dollars ($10,000).


                         II.  BACKGROUND

     2.   On  October  22, 2002,  an  agent  from the  FCC's 
Denver  Office   received  information  that   a  television 
translator was operating on channel 49 in Cheyenne, Wyoming, 
without a  valid FCC  station license.  The  agent monitored 
transmissions  on channel  49  in Cheyenne  from October  22 
through  October   24,  2002,  and   observed  retransmitted 
broadcast  television  programming   on  the  aural  carrier 
frequency of 685.7545 MHz.  

     3.   On  October  24,  2002,  using  direction  finding 
techniques, the  agent located the station's  transmitter on 
the top floor  of the Community First National  Bank at 1800 
Carey  Avenue  in  Cheyenne, Wyoming.   Evidence  discovered 
during  the  inspection  revealed  Echonet  as  the  station 
operator.

     4.   Review  of  the   FCC's  databases  revealed  that 
Echonet held a license for K49AY, Facility ID 18475, granted 
on July 10, 1986, for a television translator at coordinates 
N41-08-04  latitude and  W104-49-02 longitude.   The license 
for K49AY  expired on  October 1,  1998.  Further  review on 
March 26, 2003,  of the FCC's databases  revealed no current 
license  issued  for  a  television  translator  station  to 
operate on channel  49 in Cheyenne, Wyoming,  and no pending 
application  or  renewal  application   for  channel  49  in 
Cheyenne, Wyoming.   

                      III.  DISCUSSION

     5.   Section 503(b) of the Act provides that any person 
who willfully  or repeatedly  fails to  comply substantially 
with the terms  and conditions of any  license, or willfully 
or repeatedly 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.3  The term "willful" as  used in Section 503(b) has 
been interpreted to  mean simply that the  acts or omissions 
are committed  knowingly and  the term "repeated"  means the 
commission or omission of the Act more than once or for more 
than one day.4

     6.   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.  The Rules governing the licensing and operation of 
television translator broadcast stations are set forth under 
Subpart G of Part 74 of the Rules.5

     7.   Based  on the  evidence  before us,  we find  that 
Echonet  repeatedly  violated  Section  301 of  the  Act  by 
operating a television  translator broadcast station without 
a  valid license  for  over 4  years.   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"),6 
and Section  1.80 of the Commission's  Rules,7 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,8  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 warranted.


                    IV.  ORDERING CLAUSES

8.      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,   Echonet  Corporation,   is  hereby 
   NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the 
   amount of ten thousand dollars ($10,000) for violation of 
   Section  301  of  the  Communications  Act  of  1934,  as 
   amended.9

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,  
   Echonet Corporation,  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  MUST INCLUDE  the FCC 
   Registration  number  (FRN)   and  also  must   note  the 
   NAL/Acct. No. referenced in the caption.

11.     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, and  MUST INCLUDE  THE NAL/Acct. 
   No. referenced in the caption.  

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 submitted.  

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  Receivables 
   Operations Group, 445 12th Street, S.W., Washington, D.C. 
   20554.10

14.     Under  the Small  Business Paperwork  Relief Act  of 
   2002, Pub L. No. 107-198, 116 Stat.  729 (June 28, 2002), 
   the  FCC  is  engaged  in  a  two-year  tracking  process 
   regarding the size  of entities involved  in forfeitures. 
   If you qualify as  a small entity  and if you wish  to be 
   treated as a small  entity for tracking  purposes, please 
   so certify to  us within  thirty (30)  days of  this NAL, 
   either in  your response  to  the NAL  or  in a  separate 
   filing  to   be  sent   to  the   Federal  Communications 
   Commission, Enforcement Bureau, Technical & Public Safety 
   Division.  Your  certification  should  indicate  whether 
   you, including your  parent entity and  its subsidiaries, 
   meet one  of  the  definitions  set  forth  in  the  list 
   provided by the  FCC's Office of  Communications Business 
   Opportunities ("OCBO") set forth in Attachment  A of this 
   Notice of Apparent  Liability.  This information  will be 
   used  for  tracking  purposes  only.   Your  response  or 
   failure to respond to  this question will have  no effect 
   on your rights  and responsibilities pursuant  to Section 
   503(b) of the Act.   If you have questions  regarding any 
   of the  information  contained  in Attachment  A,  please 
   contact OCBO at (202) 418-0990.

15.     IT IS FURTHER ORDERED  THAT a copy of this NOTICE OF 
   APPARENT LIABILITY shall be sent by Certified Mail # 7001 
   0320 0002 9702 9417,  Return Receipt Requested  and First 
   Class  Mail,  to  Echonet  Corporation,   P.O.  Box  255, 
   Evergreen, Colorado, 80439.

                              FEDERAL COMMUNICATIONS 
COMMISSION




                              Nikki P. Shears
                              Acting District Director, 
Denver Office

Enclosure:  Attachment A 

cc:  Charlie Ergen
   5701 South Santa Fe Drive
   Littleton, Colorado 80120
_________________________

     1  47 U.S.C.  301.

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

     3  47 U.S.C.  503(b).

     4 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).   
Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
also applies to Section 503(b), provides: "[t]he term 
"repeated", when used with reference to the commission or 
omission of any act, means the commission or omission of 
such act more than once or, if such commission or omission 
is continuous, for more than one day."

     5  47 C.F.R.  74.701 et seq.

     6  12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 
303 (1999).

     7  47 C.F.R.  1.80.

     8  47 U.S.C.  503(b)(2)(D).

     9  47 U.S.C.  301 and 503(b); 47 C.F.R.  0.111, 
0.311 and l.80.

     10 See 47 C.F.R.  1.1914.