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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
                                                                    
     In the Matter of              )     File Number: EB-07-SD-371  
                                                                    
     Action Communications, Inc.   )   NAL/Acct. No.: 200832940002  
                                                                    
     Tucson, Arizona               )               FRN: 0004527958  
                                                                    
                                   )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: February 25, 2008

   By the District Director, San Diego Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Action Communications, Inc. ("Action"), licensee of Commercial
       Mobile Radio Service and Specialized Mobile Radio stations in Tucson,
       Arizona, area, apparently willfully and repeatedly violated Sections
       308(b) and 403 of the Communications Act of 1934, as amended ("Act"),
       by failing to respond to Commission correspondence requiring written
       statements of fact relating to the operation of a General Mobile Radio
       Service ("GMRS") station. We conclude, pursuant to Section 503(b) of
       the Act, that Action is apparently liable for a forfeiture in the
       amount of four  thousand dollars ($4,000).

   II. BACKGROUND

    2. On September 26, 2007, the Enforcement Bureau's San Diego Office ("San
       Diego Office") was advised by GMRS users in the Tucson, Arizona area
       that a possible unlicensed operation was active on GMRS frequency
       462.700 MHz from a business. Later that day, an agent from the San
       Diego Office, using a mobile direction-finding vehicle, was able to
       locate the source of the unknown GMRS signal to 2816 Stone Avenue,
       Tucson, Arizona, the business address for Action. The San Diego agent,
       however, was unable to conduct an inspection at that time.

    3. A review of Commission databases revealed that Action held multiple
       licenses, but none for that frequency in that location. Consequently,
       on October 30, 2007, the San Diego Office issued a Letter of Inquiry
       ("LOI") to Action by Certified Mail, Return Receipt Requested, seeking
       information regarding the station operating at 2816 Stone Ave.,
       Tucson, Arizona, and whether Action held a valid Commission license
       for its operation. In the LOI, Action was directed to respond by
       November 13, 2007. On November 6, 2007, a  signed Return Receipt for
       the LOI dated October 30, 2007, was received by the San Diego Office. 

    4. On December 19, 2007, after receiving no response  from Action to the
       first LOI, the San Diego Office issued a second LOI by Certified Mail,
       Return Receipt Requested. The second LOI was mailed to Action's
       address of record, the same address as the location of the
       unidentified GMRS station. The LOI required Action to provide a
       written statement concerning its failure to respond to the first LOI
       and an answer to the questions concerning the authorization for the
       GMRS station. A copy of the first LOI was included. On December 27,
       2007, a  signed Return Receipt for the second LOI dated December 19,
       2007, was received by the San Diego Office. As of February 22, 2008,
       the San Diego Office had not received a response to either LOI.

   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 403 of the Act authorizes the Commission to institute on its
       own motion any inquiry into, inter alia, any matter relating to the
       enforcement of the Act or the Commission's rules. Section 403 also
       gives the Commission broad authority to "make and enforce orders"
       relating to the matter under investigation." Section 308(b) of the Act
       provides that the Commission "during the term of any such licenses,
       may require from ...a licensee further written statements of fact to
       enable it to determine whether ... such license [should be] revoked .
       . ."

    7. On October 30, 2007, the San Diego Office issued a LOI requiring
       Action to provide the information concerning its license status by
       November 13, 2007. Action signed the return receipt for the LOI but
       failed to respond. On December 19, 2007, the San Diego Office issued a
       second LOI to Action's address of record, which included a copy of the
       first LOI and required a response by January 2, 2008. Action signed
       the return receipt for the second LOI. To date, however, Action has
       not filed the required response.

    8. Action was aware of the LOI's issued by the San Diego Office, and
       acknowledged their receipt, but failed to respond. Therefore, Action's
       violation was willful. The violation occurred on more than one day,
       therefore, it was repeated. Based on the evidence before us, we find
       that Action  apparently willfully and repeatedly violated Sections
       308(b) and 403 of the Act by failing to respond to Commission
       correspondence.

    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 failure to respond to Commission
       communications 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 Action  is
       apparently liable for a  $4,000 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, Action Communications, Inc.,
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four  thousand dollars ($4,000) for willfully and repeatedly
       failing to respond in writing to Commission correspondence.

   11. IT IS FURTHER ORDERED that, pursuant to Section 308(b) of the
       Communications Act of 1934, as amended, Action Communications, Inc.,
       is hereby directed to provide answers to the questions listed in the
       Letter of Inquiry dated October 30, 2007 within thirty days of the
       release date of this Notice of Apparent Liability for Forfeiture.

   12. 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, Action Communications,
       Inc., SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   13. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures.

   14. The response, if any, and the answers to the questions listed in the
       LOI must be mailed to Federal Communications Commission, Enforcement
       Bureau, Western Region, San Diego Office, 4542 Ruffner St., Suite 370,
       San Diego, CA 92111, and must include the NAL/Acct. No. referenced in
       the caption.

   15. 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.

   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 Action Communications Inc.  at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears Jr.

   District Director,

   San Diego Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S:S: 308(b), 403.

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

   See, e.g., call signs KNNM858, WNGC439, WNGQ501, WNJZ649.

   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 U.S.C. S: 403.

   SBC Communications, 17 FCC Rcd 7589, 7592 (2002).

   47 U.S.C. S: 308(b).

   See World Communications Satellite Systems, Inc., 19 FCC Rcd 2718 (EB
   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. S:S: 0.111, 0.311, 0.314, 1.80.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission