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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                                                 
     In the Matter of                              File Number EB-05-TP-144  
                           )                                                 
     Brasfield & Gorrie,       NAL/Acct. No. 200632700002
     LLC                   )    
                               
     Birmingham, AL        )                                                 
                                                             FRN 0008802050  
                           )                                                 


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

          Released: February 27 2006

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Brasfield & Gorrie, LLC ("Brasfield & Gorrie"), licensee of
       stations WPQG374 and WPLY756, apparently willfully and repeatedly
       violated Sections 1.903(a) and 90.425(a) of the Commission's Rules
       ("Rules") by failing to operate their station in accordance with their
       station authorizations and failing to identify their station
       transmissions. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Brasfield &
       Gorrie is apparently liable for a forfeiture in the amount of five
       thousand dollars ($5,000).

   II. BACKGROUND

    2. In response to a complaint of interference to the portable radio units
       of licensee[12][Author ID2: at Sun Feb 26 22:37:00 2006 ]  [13][Author
       ID2: at Sun Feb 26 22:37:00 2006 ]WNPL945[14][Author ID2: at Sun Feb
       26 22:37:00 2006 ]Halifax Medical Center, a licensee in the Public
       Safety Pool[15][Author ID2: at Sun Feb 26 22:37:00 2006 ], the
       Commission's Tampa Office of the Enforcement Bureau ("Tampa Office")
       opened an investigation. The complainant stated that the interfering
       traffic often discussed the movement [16][Author ID2: at Sun Feb 26
       22:38:00 2006 ]operation [17][Author ID2: at Sun Feb 26 22:38:00 2006
       ]of construction [18][Author ID2: at Sun Feb 26 22:38:00 2006 ]cranes
       and contained harsh [19][Author ID2: at Sun Feb 26 22:38:00 2006
       ]profanity. On the morning of August 13, 2005, an agent from the Tampa
       Office observed the interference on 465.550 MHz to the complainant's
       radio equipment in Daytona, Florida. The agent monitored a group of
       radio operators on 465.550 MHz from his mobile direction finding
       vehicle for over an hour and a half. The radio operators discussed
       operation of construction [20][Author ID2: at Sun Feb 26 22:38:00 2006
       ]cranes  [21][Author ID2: at Sun Feb 26 22:39:00 2006 ]and
       us[22][Author ID2: at Sun Feb 26 22:39:00 2006 ]ed[23][Author ID2: at
       Sun Feb 26 22:39:00 2006 ] profanity[24][Author ID2: at Sun Feb 26
       22:39:00 2006 ]. The radio operators did not transmit station
       identification. Using radio direction finding techniques, the agent
       determined that the source of the transmissions on 465.550 MHz was
       emanating from a construction site in downtown Orlando, Florida.

    3. On the morning of August 15, 2005, the agent returned to the Orlando
       construction site and monitored 465.550 MHz for over thirty minutes.
       The agent verified with direction finding equipment that the signal on
       465.550 MHz was emanating from the site. The radio operators gave
       commands over the air that correlated with the movements of the
       construction cranes. None of the radio operators identified their
       station transmissions. The agent contacted the complainant and
       positively confirmed over the phone that the interference exactly
       matched the radio transmissions observed at the construction site in
       Orlando. The agent then interviewed the managers of Brasfield & Gorrie
       located at the construction site. The agent played a tape recording of
       the interference, and the managers recognized the voices of the
       individuals as members of their construction crew. The agent requested
       a copy of Brasfield & Gorrie's license to operate its radio system,
       but they were unable to provide one at that time. The managers stated
       that they would utilize a different radio channel.

    4. On August 16, 2005, the company that sold and programmed the radios
       informed the agent that Brasfield & Gorrie held two nation-wide
       licenses, WPLY756 and WPQG374. That company informed the agent that it
       had programmed Brasfield & Gorrie's radios on 465.550 MHz. Brasfield &
       Gorrie's licenses do not authorize operations on 465.550 MHz.

   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. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    6. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service, and with a valid
       authorization granted by the Commission. Brasfield & Gorrie
       [25][Author ID2: at Sun Feb 26 22:42:00 2006 ]is licensed in the
       Industrial Radio Pool [26][Author ID2: at Sun Feb 26 22:43:00 2006
       ]and is not eligible to operat[27][Author ID2: at Sun Feb 26 22:43:00
       2006 ]e[28][Author ID2: at Sun Feb 26 22:46:00 2006 ] on public safety
       frequencies. [29][Author ID2: at Sun Feb 26 22:43:00 2006 ]On August
       13 and 15, 2005, an agent from the Tampa Office determined that
       Brasfield & Gorrie operated a land mobile station on 465.550 MHz, a
       frequency not authorized by their licenses, WPQG374 and WPLY756. In
       addition[30][Author ID2: at Sun Feb 26 22:48:00 2006 ], the frequency
       465.550 MHz is authorized only to licensees in the [31][Author ID2: at
       Sun Feb 26 22:46:00 2006 ]P[32][Author ID2: at Sun Feb 26 22:56:00
       2006 ]ublic [33][Author ID2: at Sun Feb 26 22:46:00 2006 ]S[34][Author
       ID2: at Sun Feb 26 22:56:00 2006 ]afety pool.[35][Author ID2: at Sun
       Feb 26 22:46:00 2006 ][Author ID2: at Sun Feb 26 22:47:00 2006 ]
       [36][Author ID2: at Sun Feb 26 22:46:00 2006 ]Brasfield & Gorrie's
       radio supplier also admitted that the radios were originally
       programmed to 465.550 MHz.

    7. Section 90.425(a) of the Rules requires each station to identify in
       English or International Morse Code its assigned call sign during each
       transmission or exchange of transmissions, or once each 15 minutes. On
       August 13 and 15, 2005, an agent from the Tampa Office monitored
       Brasfield & Gorrie's radio transmissions for more than 15 minutes. The
       agent never heard any of Brasfield & Gorrie's radio users identify the
       call sign in use.

    8. Based on the evidence before us, we find that Brasfield & Gorrie
       apparently willfully  and repeatedly violated Sections 1.903(a) and
       90.425(a) of the Rules by failing to operate their station in
       accordance with their station authorizations (operating on an
       unauthorized frequency) and failing to identify their station.

    9. 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
       and failing to provide station identification is $1,000. 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, 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. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Brasfield & Gorrie  is apparently liable for a
       five thousand dollar ($5,000) forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Brasfield & Gorrie, LLC is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of five thousand dollars ($5,000) for violations of Sections
       1.903(a) and 90.425(a) of the Rules.

   11.  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, Brasfield & Gorrie, LLC
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Avenue, Suite 1215, Tampa, FL 33607 and must include the
       NAL/Acct. No. referenced in the caption.

   14. 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.

   15. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   16. 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 Brasfield & Gorrie, LLC at its address
       of record [[37][Author ID2: at Sun Feb 26 22:52:00 2006 ]2748 Mary
       Taylor Rd, Birmingham, AL 35210[38][Author ID2: at Sun Feb 26 22:52:00
       2006 ], [39][Author ID2: at Sun Feb 26 22:52:00 2006 ]200 Colonial
       Center Parkway Suite 200[40][Author ID2: at Sun Feb 26 22:52:00 2006
       ], [41][Author ID2: at Sun Feb 26 22:52:00 2006 ]Lake Mary, FL
       32746[42][Author ID2: at Sun Feb 26 22:52:00 2006 ].][43][Author ID2:
       at Sun Feb 26 22:52:00 2006 ]

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Office, South Central Region

   Enforcement Bureau

   47 C.F.R. SS 1.903(a), 90.425(a).

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[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."

   [44][Author ID2: at Sun Feb 26 22:47:00 2006 ]  [45][Author ID2: at Sun
   Feb 26 22:47:00 2006 ]See[46][Author ID2: at Sun Feb 26 22:47:00 2006 ] 47
   C.F.R. S 90.20(c).[47][Author ID2: at Sun Feb 26 22:47:00 2006 ]

   See Acapulco Car Service, Inc., Forfeiture Order, 19 FCC Rcd 272 (Enf.
   Bur. 2004).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S
   1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80.

   47 C.F.R. SS 1.903(a), 90.425(a).

   47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission