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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


     In the Matter of                         )                              
                                                                             
     Shimmick Construction Company, Inc./     )                              
                                                                             
     Obayashi Corporation, Joint Venture      )   File Number EB-09-LA-0068  
                                                                             
     Licensees of Stations WQER756,           )   NAL/Acct. No.200932900007  
     WQEN793,                                                                
                                              )            FRN - 0019140391  
     WQJI360 & WQKG818                                                       
                                              )                              
     Yorba Linda, CA                                                         
                                              )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                Released: September, 28, 2009

   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 Shimmick Construction Company Inc./Obayashi Corporation, Joint
       Venture, ("Shimmick-Obayashi"), in Yorba Linda, California, licensees
       of stations WQER756, WQEN793, WQJI360 and WQKG818, apparently
       repeatedly violated Section 1.903(a) of the Commission's Rules
       ("Rules") by failing to operate only in accordance with the rules
       applicable to their particular service as set forth in the
       Commission's Rules and with a valid authorization granted by the
       Commission. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Shimmick-Obayashi
       is apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On May 18, 2009, and May 21, 2009, the Enforcement Bureau's Los
       Angeles Office received complaints that a concrete delivery company
       was operating numerous mobile stations in Yorba Linda, California, on
       146.025 MHz which is a frequency allocated exclusively to the Amateur
       Radio Service.

    3. On May 26, 2009, and agent from the Los Angeles Office, using radio
       direction finding techniques, located transmissions on 146.025 MHz to
       the construction site of the Robert B. Diemer Water Treatment plant at
       3972 Valley View Blvd., in Yorba Linda California. The transmissions
       were not identified by callsign. The transmissions monitored by the
       Los Angeles agent related to mixing and delivery of concrete on the
       construction site. The Los Angeles agent then viewed the construction
       site and correlated the movement of concrete trucks with associated
       radio transmissions on 146.025 MHz.

    4. On May 27, 2009, the Los Angeles agent again used radio direction
       finding techniques to positively locate the source of transmissions on
       146.025 MHz, to the Robert B. Diemer Water Treatment Plant. The Los
       Angeles agent visited the construction site and spoke to the
       Shimmick-Obayashi supervisor of the on-site concrete plant who allowed
       the Los Angeles agent to inspect several of the handheld radios in use
       at the site. The Los Angeles agent confirmed that the frequency
       146.025 MHz was programmed into frequency selector position #5 on
       numerous Motorola model CP200 portable transceivers that were being
       used to coordinate construction operations throughout the site. The
       Shimmick-Obayashi construction supervisor told the Los Angeles agent
       that he did not know anything about a license for the radios, but that
       he would immediately stop using the Amateur Radio Service frequency
       programmed in position #5 on the Motorola CP200 transceivers.

    5. On May 28, 2009, the Los Angeles agent researched the Commission's
       records and determined that the two companies which had formed the
       joint venture Shimmick-Obayashi; Shimmick Construction Inc., and
       Qbayashi Corporation, were both Commission licensees. Shimmick
       Construction, Inc., holds Industrial Radio Service licenses WQJI360
       and WQKG818 which authorize operations nationwide, including in Yorba
       Linda, California, but neither of these licenses authorize use of
       146.025 MHz. Obayashi Corporation holds Industrial Radio Service
       licenses WQER756 and WQEN793, but neither of these licenses authorizes
       use of 146.025 MHz. The research also revealed that the
       Shimmick-Obayashi joint venture, as an entity, did not hold any
       Commission licenses.

   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 used and operated only in accordance with the
       rules applicable to their particular service, and with a valid
       authorization granted by the Commission. On May 26 and 27, 2009, a Los
       Angeles agent located transmissions from Shimmick-Obayashi on 146.025
       MHz emanating from mobile users at a construction site in Yorba Linda,
       California. At the time of the investigation, neither
       Shimmick-Obayashi nor the individual companies which made up the joint
       venture were authorized to operate on 146.025 MHz. The violation
       occurred for more than one day, therefore, it was repeated.

    8. Based on the evidence before us, we find that Shimmick-Obayashi 
       apparently repeatedly violated Section 1.903(a) of the Rules by
       failing to operate in accordance with the rules applicable to their
       particular service as set forth in the Commission's Rules and with a
       valid authorization granted by the Commission.

    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 use of 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)(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, we conclude that Shimmick-Obayashi 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, Shimmick Construction
       Company, Inc./Obayashi Corporation, Joint Venture  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.

   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, Shimmick Construction
       Company, Inc./Obayashi Corporation, Joint Venture 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 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. Shimmick Construction Company
       Inc./Obayashi Corporation, Joint Venture will also send electronic
       notification on the date said payment is made to WR-Response@fcc.gov.

   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. An electronic copy shall
       be sent to WR-Response@fcc.gov.

   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. 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 Shimmick Construction Company
       Inc./Obayashi Corporation, Joint Venture.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director,

   Los Angeles District Office

   Western Region

   Enforcement Bureau

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

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

   47 C.F.R. S: 2.106.

   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.
   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).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission