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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                              )                              
                                                                             
                                              )                              
     In the Matter of                                                        
                                              )                              
     Traffic Controll Products of Florida         File Number: EB-07-TP-201  
     Inc.                                     )                              
                                                  NAL/Acct. No:200832700009  
     Licensee of Radio Station WPNP358        )                              
                                                  FRN: 0010528073            
     Tampa, Florida                           )                              
                                                                             
                                              )                              
                                                                             
                                              )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 10, 2008

   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 Traffic Controll Products of Florida Inc. ("Traffic Controll"),
       licensee of station WPNP358, in Tampa, Florida, apparently willfully
       and repeatedly violated Section 90.403(a)(2) of the Commission's Rules
       ("Rules"), by operating radio transmission equipment inconsistent with
       the terms of its authorization. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Traffic Controll is apparently liable for forfeiture in the amount of
       four thousand dollars ($4,000).

   II. BACKGROUND

    2. On October 23, 2007, in response to a complaint of interference from
       private land mobile station WPFS376, agents from the Commission's
       Tampa Office of the Enforcement Bureau ("Tampa Office") investigated
       and found the source of the interference to be a wireless transmitter
       operating on 467.8375 MHz, station WPFS376's authorized frequency. The
       wireless transmitter was being used to control portable traffic signal
       lights positioned over both ends of a bridge that was being
       constructed in Englewood, FL, about one mile away from station
       WPFS376. The agents spoke with the construction supervisor for the
       bridge who stated the wireless signal lights were set up about two
       months ago, the same time station WPFS376 started to receive the
       interference, and operated by Traffic Controll to control the traffic
       on the bridge. An agent contacted a representative from Traffic
       Controll to determine its call sign and get more information on its
       license. The representative from Traffic Controll was warned that
       operation of the signal lights was causing harmful interference to a
       co-channel licensee.

    3. On October 24, 2007, agents from the Tampa Office determined that the
       wireless station was operating at Latitude 26 52 17 N and Longitude
       082 18 37 W just south of Englewood, FL. According to Traffic
       Controll's license, call sign WPNP358, its area of operation is
       limited to a 32 km radius around Latitude 28 00 14.1 N and Longitude
       082 22 38.3 W (Tampa, Florida). The bridge in Englewood is not within
       a 32 km radius of Tampa. The representative from Traffic Controll
       stated on October 24, 2007 that he had only just learned of the
       geographic limitation of its license.

    4. On October 26, 2007, an agent from the Tampa Office reminded a
       representative from Traffic Controll that it was operating outside its
       licensed 32 km radius and was continuing to cause interference to a
       licensed user. The representative from Traffic Controll stated the
       bridge transmitter would be "hard-wired" by the end of the week so the
       transmitter could be turned off.

    5. On November 2, 2007 the agent received a message from Traffic Controll
       that it had installed a cable to "hard-wire" the traffic signals and
       had turned the transmitter off. On November 5, 2007, a representative
       from station WPFS376 confirmed the interference stopped on November 2,
       2007.

   II. 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) of the Act 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 90.403(a)(2) of the Rules requires that licensees in the
       Private Land Mobile Radio Services ("PLMRS") shall be directly
       responsible for the proper operation and use of each transmitter for
       which they are licensed. In this connection, licensees shall exercise
       such direction and control as to assure that the transmitter is being
       operated ... only in a permissible manner. Traffic Controll's license,
       call sign WPNP358, only authorizes it to operate its mobile station
       within a 32 km radius around center point of Latitude 28 00 14.1 N and
       Longitude 082 22 38.3 W on the frequency 467.8375 MHz (this
       corresponds to Tampa, Florida). On October 23 and 24, 2007, agents
       from the Tampa Office observed the WPNP358 mobile radio base station
       operating at a Latitude of 26 52 17 N and a Longitude of 082 18 37 W
       on the frequency of 467.8375, which is approximately 125 km outside of
       Latitude 28 00 14.1 N and Longitude 082 22 38.3 W. Traffic Controll
       began its operation in late August/early September 2007 and did not
       discontinue its operation of its radio transmitter from this location
       until November 2, 2007. Traffic Controll's operation at an
       unauthorized location caused interference to a co-channel licensee.
       Based on the evidence before us, we find that Traffic Controll
       apparently willfully and repeatedly violated Section 90.403(a)(2) of
       the Rules by operating station WPNP358 for several months, on
       frequency 467.8375 MHz, outside of the 32 km radius specified within
       its license.

    8. 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 operating at 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 of the Rules, and the statutory factors
       to the instant case, we conclude that Traffic Controll is apparently
       liable for a $4,000 forfeiture.

   III. ORDERING CLAUSES

    9. 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, Traffic Controll Products of Florida
       Inc is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of four thousand dollars ($4,000) for violation of Section
       90.403 of the Rules.

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Traffic Controll
       Products of Florida Inc. SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   11. Payment of forfeiture must be made by credit card through the
       Commission's Revenue and Receivables Operations Group at (202)
       418-1995, or by check or similar instrument, payable to the order of
       the Federal Communications Commission. The payment must include the
       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[s] by wire transfer may
       be made to ABA Number 021030004, receiving bank Federal Reserve Bank
       of New York, and account number 27000001. Request 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.  Questions, please contact the Financial Operations Group
       Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov .

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N. Lois Ave., Suite 1215, Tampa Florida, 33607, within thirty
       (30) days from the release date of this Notice of Apparent Liability
       for Forfeiture and must include the NAL/Acct. No. referenced in the
       caption.

   13. 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.

   14. 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 Traffic Controll Products of Florida
       Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director

   Tampa Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 90.403(a)(2).

   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."

   47 C.F.R. S: 90.403(a)(2).

   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, 90.403.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission