Click here for Microsoft Word Version
********************************************************
NOTICE
********************************************************
This document was converted from
WordPerfect or Word to ASCII Text format.
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
Word or WordPerfect version or Adobe Acrobat version (above).
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WWC License LLC )
Licensee of Microwave Stations WPJD256 )
WPJE660 and WPJA761 ) File No. EB-00-TS-283
Kansas )
NAL/Acct. No. 200132100014
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: June 5, 2001 Released: June 7,
2001
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Notice of Apparent Liability for Forfeiture, we find
that WWC License LLC (WWC), operated microwave relay systems
without Commission authorization, in apparent violation of
Section 301 of the Communications Act of 1934 (``Act'')1, as
amended, and Section 101.31(b)(iii) of the Commission's Rules
(``Rules'').2 We conclude that WWC is apparently liable for a
forfeiture in the amount of five thousand dollars ($5,000).
II. Background
2. WWC's applications for fixed point to point microwave radio
Stations WPJE660, WPJD256, WPJA761 were received on March 9,
2000. After that date, the applicant began operating the
facilities under Rule 101.31(b)(2). This rule states that
conditional authority ceases if the application is returned by
the Commission because it is not acceptable for filing.
3. On June 29, 2000 the Commission returned the applications
because the bandwidth exceeded the maximum allowed for the
operating frequency the applicant applied for. The applicant
made a request for special temporary authority to operate on
August 10, 2000. The Wireless Bureau granted this request on
August 29, 2000. Between June 29, 2000 and August 29, 2000 WWC
failed to cease operation.
III. Discussion
4. Section 301 of the Act sets forth the general mandate that
no person shall use or operate any apparatus for the transmission
of energy or communications or signals by radio within the United
States except under and in accordance with the Act and with a
license. Section 101.31 of the Rules provides, in pertinent
part, that stations in the Fixed Microwave Service must be
operated with a valid Commission authorization. We conclude that
WWC operated microwave stations without a valid license between
June 29, 2000, and August 29, 2000, in apparent willful and
repeated violation of Section 301 of the Act and Section 22.3 of
the Rules.
5. The guidelines contained in the Commission's Forfeiture
Policy Statement, 12 FCC Rcd 17087, 17113 (1997), recon. denied,
15 FCC Rcd 303 (1999), specify a base forfeiture amount of
$10,000 for operation without an instrument of authorization for
the service. Section 503(b)(2)(D) of the Act3 requires the
Commission to consider ``the nature, circumstances, extent and
gravity of the violation, and, with respect to the violator, the
degree of culpability, any history of prior offenses, ability to
pay, and such other matters as justice may require.'' In this
case, WWC operated microwave stations for a period between June
29, 2000 and August 29, 2000 without Commission authority. WWC
commenced operation with a transmitter system that did not
qualify for a conditional authorization. This is not comparable
to intentional unlicensed operations, which typically have been
subject to forfeitures of approximately $10,000.4 Taking these
facts into consideration and all of the factors required by
Section 503(b)(2)(D) of the Act and the Forfeiture Policy
Statement, we conclude that a forfeiture of $5,000 is warranted.
IV. Ordering Clauses
6. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b)
of the Act5 and Sections 0.111, 0.311 and 1.80 of the Rules6, WWC
is hereby NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in
the amount of $5,000 for violation of Section 301 of the
Communications Act of 1934, as amended, and Section 101.31 of the
Commission's Rules. The amount specified was determined after
consideration of the factors set forth in Section 503(b)(2)(D) of
the Act, 47 U.S.C. § 503(b)(2)(D) and the guidelines enumerated
in the Forfeiture Policy Statement.
7. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
Commission's Rules, within thirty days of the release of this
NOTICE OF APPARENT LIABILITY, WWC SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
8. Payment of the forfeiture may be made by a check, or
similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No.:?????200132100014
9. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, SW, Washington, D.C.
20554, Ref: EB-00-TS-283; NAL/Acct. No.: 20013210014
10. 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.
11. Requests for payment of the full amount of this Notice of
Apparent Liability under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.7
12. IT IS FURTHER ORDERED THAT this notice shall be sent,
by certified mail, return receipt requested, to WWC License LLC
3650 131st Ave., S.E. Suite 400 Bellevue Washington 98006 and
to its counsel William J. Hackett , 2300 M. St. N.W. Washington,
DC 20037.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Enforcement Bureau
Technical And Public Safety
Division
_________________________
1 47 U.S.C. § 301.
2 47 C.F.R. § 22.3.
3 47 U.S.C. §503(b)(2)(D).
4 See, e.g., Jean R. Jonassaint, 15 FCC Rcd 10422 (Enf. Bur.
2000).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, and 1.80.
7 See 47 C.F.R. § 1.1914.