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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
     In the Matter of              )                                
                                         File Number: EB-07-PO-055  
     Metro West Ambulance          )                                
                                       NAL/Acct. No.: 200732920004  
     Licensee of Station WQBI492   )                                
                                                   FRN: 0001592666  
     Hillsboro, Oregon             )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 11, 2007

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Metro West Ambulance ("Metro West"), licensee of station WQBI492,
       in Hillsboro, Oregon, apparently willfully and repeatedly violated
       Section 1.903(a)  of the Commission's Rules ("Rules") by operating on
       463.2875 MHz, a frequency not authorized by its license, WQBI492. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Metro West is apparently liable for a
       forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On March 30, 2007, the Enforcement Bureau's Portland Resident Agent
       Office ("Portland Office") received a complaint against Metro West
       regarding its unlicensed operation on frequency 463.2875 MHz. In
       response to the complaint, a Portland Office agent monitored and
       recorded radio transmissions exchanged between Metro West's ambulance
       vehicles and its dispatch center. When the agent interviewed Metro
       West personnel and a communications center manager about their use of
       frequency 463.2875 MHz, the Metro West representatives denied such use
       and affirmatively stated that Metro West was not. The representatives
       then provided the agent a copy of the WQBI492 license. The license
       showed that frequency 151.865 MHz was the only authorized frequency to
       Metro West on that license. The agent issued a verbal warning to Metro
       West representatives advising that a new authorization was required if
       Metro West wanted to use 463.2875 MHz.

    3. From April 4, 2007 to April 10, 2007, the Portland Office continued
       receiving complaints concerning Metro West's unlicensed operation on
       frequency 463.2875 MHz.

    4. On April 17, 2007, the Portland agent used mobile radio direction
       finding techniques to locate an unauthorized transmitter on frequency
       463.2875 MHz operated by Metro West in a communications site, managed
       by BEARCOM Communications, in Portland, Oregon. The agent telephoned
       the site manager and requested to inspect the station. The site owner
       agreed to meet the agent on April 20, 2007. Later on April 17, 2007,
       the Portland agent received a phone call from a representative of
       Metro West admitting that they were using frequency 463.2875 MHz
       without a license. The Metro West representative indicated that he
       would apply for a special temporary authorization ("STA") or a
       frequency coordination for use of frequency 463.2875 MHz and that he
       would sent a copy of the a STA or frequency coordination approval as
       soon as he received the documents.

    5. On April 18, 2007, the Portland agent monitored frequency 463.2875 MHz
       and observed that Metro West was still using the referenced frequency
       without a FCC authorization. The agent recorded Metro West's radio
       transmissions on April 18, 2007.

    6. On April 20, 2007, the Portland agent received a fax copy of a
       frequency coordination approval indicating that Metro West had applied
       to operate on the new frequency 463.2375 MHz. The agent also received
       a voice mail message from a Metro West representative indicating that
       Metro West had vacated frequency 463.2875 MHz. The agent then met with
       a representative from BEARCOM Communications to inspect Metro West's
       transmitter and verified that Metro West had vacated frequency
       463.2875 MHz.

    7. On June 11, 2007, the Portland agent researched the Commission's
       databases and found that Metro West's authorization for use of
       frequency 463.2875 MHz, under call sign WQBC803, had expired on March
       21, 2005.

   III. DISCUSSION

    8. 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.

    9. 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. Metro West's authorization
       for use of frequency 463.2875 MHz, under call sign WQBC803, expired on
       March 21, 2005. The Metro West land mobile license, WQBI492, provided
       by Metro West representatives on March 30, 2007, does not include an
       authorization to operate on 463.2875 MHz in the Portland, Oregon area.
       On March 30, 2007, after confirming that Metro West was using
       frequency 463.2875 MHz, the Portland Agent issued a verbal warning to
       the Metro West representatives. Despite the verbal warning received on
       March 30, 2007, Metro West continued to operate frequency 463.2875 MHz
       without a license until April 18, 2007. Therefore, we find that Metro
       West's violation was willful. Metro West's operation on 463.2875 MHz
       occurred for more than one day, therefore, the violation was repeated.

   10. Based on the evidence before us, we find Metro West apparently
       willfully and repeatedly violated Section 1.903(a) of the Rules by
       operating its land mobile station, WQBI492, on frequency 463.2875 MHz,
       a frequency not authorized by its license.

   11. 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.
       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 Metro West is apparently liable for a four
       thousand ($4,000) forfeiture.

   IV. ORDERING CLAUSES

   12. 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, Metro West Ambulance is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four thousand dollars ($4,000) for violations of Section
       1.903(a) of the Rules.

   13. 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, Metro West Ambulance
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   14. 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.

   15. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Portland Resident
       Agent Office, P.O. Box 61469, Vancouver, Washington, 98666 and must
       include the NAL/Acct. No. referenced in the caption.

   16. 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.

   17. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   18. 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 Metro West Ambulance at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent,

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.903(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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 1.903(a)

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission