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

In the Matter of                 )
Prolink Inc.                     )      File Number:  EB-04-LA-040
Licensee of Station WPYZ348      )      NAL/Acct. No. 200432900009
Las Vegas, Nevada                )                                
                                 )                  FRN 0001595495


                                                Released:  August  
                                                         20, 2004

By the District Director, Los Angeles Office, Western Region, 
Enforcement Bureau:


      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Prolink Inc. ("Prolink"), licensee of 
 station WPYZ348 in Las Vegas, Nevada, apparently willfully 
 violated Section 1.903(a) of the Commission's Rules ("Rules")1 
 by operating on an unauthorized frequency.  We conclude, 
 pursuant to Section 503(b) of the Communications Act of 1934, 
 as amended ("Act"),2 that Prolink is apparently liable for a 
 forfeiture in the amount of four thousand dollars ($4,000).  


      2.  On March 9, 2004, field agents from the Commission's 
 Los Angeles Office investigated a complaint of interference 
 from a licensee on 456.3625 MHz in Las Vegas, Nevada.  Using 
 radio direction finding techniques, the field agents located a 
 transmitter operating on 456.3625 MHz at the Las Vegas Paiute 
 Golf Resort.  The agents positively determined that this 
 transmitter was causing the interference being received by the 
 licensee in Las Vegas.  Subsequent inspection of the radio 
 transmitting equipment revealed that the transmitter was owned 
 by Prolink which held the associated license (WPYZ348).  The 
 license held by Prolink and produced for the field agents, 
 however, did not authorize Prolink to transmit on 456.3625 MHz.  
 Later that day, a field agent from the Commission's Los Angeles 
 Office contacted a representative from Prolink who stated that 
 the frequency, 456.3625 MHz, was used intentionally because of 
 interference problems with other channels.  The representative 
 also said that Prolink was in the process of attempting to 
 license this frequency, but had not done so yet.3  


      3.  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.  The term "willful" 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.4  

      4.  Section 1.903(a) of the Rules5 states that ``[s]tations 
 in the Wireless Radio Services must be used and operated only 
 in accordance with the rules applicable to their particular 
 service as set forth in this title and with a valid 
 authorization granted by the Commission under the provisions of 
 this part . . . .''   At the time of the investigation, radio 
 station license WPYZ348 authorized Prolink to transmit on a 
 number of frequencies at the Las Vegas Paiute Golf Resort, 
 however, 456.3625 MHz was not among those frequencies.  Prolink 
 acknowledged to a Commission field agent that it intentionally 
 used the unlicensed frequency because of interference problems 
 with other channels.  Based on the evidence before us, we find 
 that Prolink willfully violated Section 1.903(a) of the Rules 
 by operating on an unauthorized frequency.  

      5.  Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines, ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for using an unauthorized frequency is $4,000.6  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 violations, 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.7  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, a $4,000 
 forfeiture is warranted.  


      6.  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, 
 Prolink Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR 
 A FORFEITURE in the amount of four  thousand dollars ($4,000) 
 for violation of Section 1.903(a) of the Rules.8  

      7.  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 for Forfeiture, Prolink 
 Inc., SHALL PAY the full amount of the proposed forfeiture or 
 SHALL FILE a written statement seeking reduction or 
 cancellation of the proposed forfeiture.  

      8.  Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.   

      9.  The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, 
 CA, 90703, 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 for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8  

      12.      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 address listed above for 
 the filing of the response.  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 Communications Act.  If you 
 have questions regarding any of the information contained in 
 Attachment A, please contact OCBO at (202) 418-0990.  

      13.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Prolink 
 Inc., 7970 S. Kyrene, Tempe, AZ  85284.  

                             FEDERAL COMMUNICATIONS COMMISSION

                              Catherine Deaton
                              District  Director,   Los   Angeles 
                              Western Region
                              Enforcement Bureau

Enclosure:  FCC List of Small Entities

147 C.F.R.  1.903(a)  
247 U.S.C.  503(b).  
3On April 1, 2004, Prolink filed an application for modification 
of license WPYZ348 to include a number of frequencies, including 
456.3625 MHz. See File No. 0001681799.   This application for 
modification was granted on July 27, 2004.  Prolink's remedial 
actions subsequent to a Commission investigation do not mitigate 
Prolink's liability.  See AT&T Wireless Services, Inc., 17 FCC 
Rcd 21866 (2002).  

4Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).  
547 C.F.R.  1.903(a).  
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.  
747 U.S.C.  503(b)(2)(D).  
8See 47 C.F.R.  1.1914.  
8See 47 C.F.R.  1.1914.