Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-07-LA 363
Richard R. Susainathan ) NAL/Acct. No.: 200832900001
Las Vegas, Nevada ) FRN: 0005410709
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 18, 2007
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Richard R. Susainathan ("Susainathan"), apparently willfully and
repeatedly violated Sections 1.903(a) and 1.947(a) of the
Commission's Rules ("Rules") by operating fixed base transmitters from
locations not authorized by the licenses of stations WPXC618, WPIQ777
and WPYM965, in Clark County Nevada. We conclude, pursuant to Section
503(b) of the Communications Act of 1934, as amended ("Act"), that
Susainathan is apparently liable for a forfeiture in the amount of
twelve thousand dollars ($12,000).
II. BACKGROUND
2. S. M. Leasing and Rental, Ltd is the licensee of stations WPXC618,
WPIQ777 and WPYM965. Station WPIQ777 is licensed to operate on a fixed
base frequency of 937.9625 MHz, from Sunrise Mountain, Nevada, with
coordinates of 36-o 10' 45.3'' north latitude, 114-o 59' 51.3'' west
longitude. Station WPYM965 is licensed to operate on a fixed base of
frequency 937.225 MHz, from Mesquite, Nevada with coordinates of 36-o
46' 18'' north latitude, 114-o 06' 06'' west longitude. Station
WPXC618 is licensed to operate on a fixed base frequency of 936.9125
MHz, from Sunrise Mountain, Nevada, with coordinates of 36-o 10'
45.3'' north latitude, 114-o 59' 51.3'' west longitude. Station
WPXC618 is also licensed to operate on its base frequency from
Glendale, Nevada, with coordinates 36-o 41' 02'' north latitude, 114-o
30' 58'' west longitude.
3. On November 27, 2007, an agent from the Enforcement Bureau's Los
Angeles Office using direction finding techniques, located fixed,
continuous, unmodulated, transmissions on the three fixed base
frequencies, listed above, associated with stations WPXC618, WPIQ777
and WPYM965. The Los Angeles agent determined that the transmissions
were originating from Susainathan's place of business at 3399 W.
Oquendo Rd., Las Vegas, Nevada, with coordinates of 36-o 04' 51''
north latitude, 115-o 11' 03'' west longitude.
4. On November 28, 2007, the Los Angeles agent, again using direction
finding techniques, located fixed, continuous, unmodulated,
transmissions on the three fixed base frequencies associated with
stations WPXC618, WPIQ777 and WPYM965. The agent determined that the
transmissions continued to originate from Susainathan's place of
business at 3399 W. Oquendo Road, Las Vegas, Nevada.
5. After locating the signals on November 28, 2007, the Los Angeles agent
met with Susainathan and inspected the transmitters Susainathan was
operating, which were configured for continuous operation and
connected to a rooftop antenna. Susainathan stated that the
transmitters were undergoing several weeks of testing prior to being
installed at their authorized operational locations. At the time of
the inspection, Susainathan had copies of the licenses for the three
stations which indicated the licensed base station locations for each
station. The Los Angeles agent warned Susainathan that none of the
licenses authorized fixed base transmissions from the 3399 W. Oquendo
Road, Las Vegas, Nevada location.
III. DISCUSSION
6. 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.
7. Section 1.903(a) of the Rules requires that stations in the Wireless
Radio Services must be operated only in accordance with the rules
applicable to their particular service and with a valid authorization
granted by the Commission. Section 1.947(a) of the Rules requires that
all major modifications as defined in Section 1.929 of the Rules,
require prior Commission approval. For Private Land Mobile Radio
Services stations, Section 1.929(c)(4)(v) defines a major change as,
"[c]hange in the authorized location or number of base stations,
fixed, control, except for deletions of one or more such stations..."
8. On November 27, 2007, and November 28, 2007, a Los Angeles agent
observed Susainathan operating on the fixed base frequencies for
stations WPXC618, WPIQ777 and WPYM965 at 3399 W. Oquendo Road, Las
Vegas, Nevada. This location is more than twelve miles from the
licensed locations for stations WPXC618 and WPIQ777, and more than 76
miles from the licensed location for station WPYM965. At the time of
the inspection on November 28, 2007, Susainathan was aware that he was
not operating from the licensed locations for the stations as he
indicated to the Los Angeles agent that he was testing the
transmitters prior to installing them at their licensed location.
Therefore, Susainathan's violation was willful. The violation occurred
for more than one day, therefore it was repeated. Based on the
evidence before us, we find that Susainathan apparently willfully and
repeatedly violated Sections 1.903(a) and 1.947(a) of the Rules by
operating fixed base transmitters from locations not authorized by the
licenses.
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 operation of a station from an unauthorized
location is $4000. In assessing the monetary forfeiture amount, we
must also take into account the statutory factors set forth in Section
503(b)(2)(E) 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, because Susainathan apparently
operated three stations from unauthorized locations, we conclude that
Susainathan is apparently liable for a $12,000 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, Richard R. Susainathan is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of twelve thousand dollars ($12,000) for violations of
Sections 1.903(a) and 1.947(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, Richard R. Susainathan,
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, Western Region, Los Angeles Office,
18000 Studebaker Rd., Suite 660, Cerritos, CA 90703 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, Room 1A625, 445
12th Street, S.W., 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 Richard R. Susainathan, at his address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.903(a), 1.947(a).
47 U.S.C. S: 503(b).
Currently pending before a state court in Nevada, and the Commission's
Wireless Telecommunications Bureau ("WTB"), is the issue of who controls
S.M. Leasing and Rental, Ltd. See, e.g., In the Matter of Thomas K.
Kurian, 22 FCC Rcd 7318, 7320 (WTB 2007). Both Susainathan and Pappammal
Kurian claim control of the licensee. The issuance of this Notice of
Apparent Liability does not prejudge the outcome of that dispute and
should the court and WTB determine that Susainathan does not hold control
of the licensee, we may revisit our investigation to determine what, if
any, additional violations Susainathan may be liable for.
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."
47 C.F.R. S: 1.903(a).
47 C.F.R. S: 1.947(a); 47 C.F.R. S: 1.929.
47 C.F.R. S: 1.929(c)(4)(v).
Susainathan's location was also more than 55 miles from station WPXC618's
other authorized location in Glendale, Nevada.
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)(E).
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a)
and 1.947(a).
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
3
Federal Communications Commission