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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                            )                               
                                                            
                            )                               
                                                            
     In the Matter of       )                               
                                File Number: EB-08-NY-0140  
     Sims Metal East, LLC   )                               
                                NAL/Acct. No: 200932380001  
     Licensee of KNEM713    )                               
                                         FRN: 0007 5612 77  
     Jersey City, NJ        )                               
                                                            
                            )                               
                                                            
                            )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October 3, 2008

   By the District Director, New York Office, Northeast Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Sims Metal East, LLC ("Sims"), the licensee of private land
       mobile station KNEM713, in Jersey City,  NJ, apparently willfully and
       repeatedly violated Section 1.903(a)  of the Commission's Rules
       ("Rules") by operating a mobile relay station and mobile units on
       unauthorized frequencies.   We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Sims is
       apparently liable for a forfeiture in the amount of four  thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On April 4, 2008, the New York Office received a complaint of
       interference to a commission licensee on the frequency 464.925 MHz.

    3. On April 10, 2008, an agent with the Commission's New York Office
       checked FCC data bases and determined that Sims was licensed to
       operate private land mobile station KNEM713 on the frequencies 464.925
       MHz and 469.925 MHz. Later that day, the agent inspected Sims's
       private land mobile station at 1 Linden Avenue, Jersey City, NJ and
       determined that, in addition to its licensed operations, Sims was
       operating mobile units and a mobile relay station on the unauthorized
       frequencies 469.4 MHz and 464.4 MHz respectively. During the
       inspection, the plant manager showed the agent the posted license for
       KNEM713, which indicated that Sims is licensed to operate only on the
       frequencies 464.925 MHz and 469.925 MHz. There was no evidence of a
       Commission authorization for Sims to operate on 469.4 MHz or 464.4 MHz
       from 1 Linden Avenue in Jersey City, NJ. The agent warned the plant
       manager of the penalties for operation on unauthorized frequencies and
       that Sims should cease operating on any frequencies for which it does
       not have authorization. The agent also informed Sims's operations
       manager on April 17, 2008, that Sims's license for station KNEM713 did
       not authorize operation on frequencies 469.4 MHz and 464.4 MHz and
       advised him of the penalties for operation on unauthorized
       frequencies.

    4. On April 21, 2008, the New York Office issued a Notice of Violation
       ("NOV") to Sims for operation on unauthorized frequencies and for not
       transmitting the station call sign in violation of Section 1.903(a)
       and Section 90.425(a). On May 13, 2008, Sims replied to the NOV
       stating that it had retained Communications Advantage to assist in
       correcting the violations.

    5. On May 23, 2008, and May 27, 2008, a Commission agent monitored the
       frequencies 464.4 MHz and 469.4 MHz in Jersey City, NJ, and determined
       that Sims again was operating mobile units on 469.4 MHz and a mobile
       relay station on 464.4 MHz at 1 Linden Avenue, Jersey City, NJ. An
       agent checked FCC databases and found no evidence of a Commission
       authorization for Sims to operate on 469.4 MHz or 464.4 MHz from this
       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) of the Act has
       been interpreted to mean simply that the acts or omissions are
       committed knowingly.

    7. 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. Section 1.903(b) further
       provides that the "holding of an authorization does not create any
       rights beyond the terms, conditions, and period specified in the
       authorization." On April 10, May 23, and May 27, 2008, a Commission
       agent determined that Sims was operating mobile units on the frequency
       469.4 MHz and a mobile relay station on the frequency 464.4 MHz
       without authorization. Because Sims continued to operate on
       unauthorized frequencies after receiving verbal warnings from a
       Commission agent on April 10, 2008, and April 17, 2008, and a Notice
       of Violation on April 21, 2008, the violation was willful. The
       violation continued for more than one day; therefore, it was repeated.

    8. Based on the evidence before us, we find that Sims apparently
       willfully and repeatedly violated Sections 1.903(a) and 1.903(b) of
       the Rules by operating mobile units on the unauthorized frequency of
       469.4 MHz. and a mobile relay station on the unauthorized frequency of
       464.4 MHz.

    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.
       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 of the Rules, and the statutory factors, we
       conclude that a $4,000 forfeiture is warranted.

   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 and
       1.80 of the Commission's Rules, Sims Metal East, LLC, is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       four thousand dollars ($4,000) for violation of Sections 1.903(a) and
       1.903(b) of the Rules.

   11. 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, Sims 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/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 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. Sims Metal East, LLC,
       shall also send electronic notification on the date said payment is
       made to NER-Response@fcc.gov.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, New York Office, 201
       Varick Street, Suite 1151, New York, NY 10014, 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.

   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, 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 Sims Metal East, LLC at its address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

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

   The agent also determined on April 10, 2008, that Sims failed to transmit
   the station's assigned call sign as required under Section 90.425(a), 47
   C.F.R. S: 90.425(a).

   47 U.S.C. S:S: 1.903(a), 90.425(a)

   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).

   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 C.F.R. S:S: 0.111, 0.311, 1.80, 1.903(a), and 1.903(b).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission