Click here for Adobe Acrobat 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
Adobe Acrobat version (above).
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Data Investments, Inc. ) File Number EB-
00-TS-146
d/b/a Star Communications )
Licensee of Public Mobile )
Radio Stations KNKC938, )
KNKJ977, KNKC272, and KNKC934 )
Cape Girardeau, Missouri ) NAL/Acct. No.
200132100008
MEMORANDUM OPINION AND ORDER
Adopted: October 29, 2001 Released:
October 31, 2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''),
we deny the petition of Data Investments, Inc., d/b/a Star
Communications (``Star''), Cape Girardeau, Missouri, for
reconsideration1 of the Forfeiture Order2 issued against
Star for willfully and repeatedly violating Section 301 of
the Communications Act of 1934, as amended (``Act''),3 and
Section 22.3 of the Commission's Rules (``Rules'')4 and
affirm the Forfeiture Order. The noted violations involve
Star's operation of four Public Mobile (paging) radio
stations, KNKC938, KNKJ977, KNKC272, and KNKC934, after its
licenses for those stations had expired.
2. On November 29, 2000, the Chief, Enforcement Bureau
(``Bureau''), released a Notice of Apparent Liability for
Forfeiture (``NAL'') in the amount of five thousand dollars
($5,000).5 Star responded to the NAL on January 17, 2001.
On April 11, 2001, the Bureau released its Forfeiture Order,
which mitigated the forfeiture proposed by the NAL to
$2,000. On May 4, 2001, Star filed a request for
reconsideration of the Forfeiture Order. Star supplemented
its request for reconsideration on September 10, 2001.
3. In requesting reconsideration, Star argues that
$2,000 is an excessive forfeiture amount for its error in
mailing its renewal application to the wrong address. The
$2,000 forfeiture amount is not excessive. In the
Forfeiture Order, we took Star's attempt to submit an
application into account and mitigated the forfeiture from
the $5,000 base amount to $2,000. No further reduction is
warranted. Star also argues that it is unable to pay the
forfeiture. We cannot consider a claim of inability to pay
without the necessary support. We informed Star in the NAL
about the documentation needed to support a claim of
inability to pay but Star has not furnished such
documentation for consideration. 6 Finally, Star asserts
that the Commission could improve Star's financial position
by getting another carrier to pay money that it owes to
Star. Whether Star's financial position could be improved
in such a way is irrelevant to the issues in this
proceeding.
4. We find that reconsideration of the Forfeiture
Order is not warranted. ACCORDINGLY, IT IS ORDERED that,
pursuant to Section 405 of the Act7 and Section 1.106 of the
Rules,8 Star's petition for reconsideration of the April 11,
2001, Forfeiture Order IS DENIED and the Forfeiture Order IS
AFFIRMED.
5. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules9 within 30
days of the release of this Order. If the forfeiture is not
paid within the period specified, the case may be referred
to the Department of Justice for collection pursuant to
Section 504(a) of the Act.10 Payment may be made by mailing
a check or similar instrument, payable to the order of the
Federal Communications Commission, to the Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No.
20013210000. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C.
20554.11
6. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent, by certified mail, return receipt requested,
to Timothy J. Singleton, Data Investments, Inc., d/b/a Star
Communications, P.O. Box 537, Cape Girardeau, Missouri
63702-0537.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 We are treating Star's response to the Forfeiture
Order as a petition for reconsideration, pursuant to 47
C.F.R. § 1.106.
2 Data Investments, Inc., 16 FCC Rcd 7905 (Enf. Bur.,
2001).
3 47 U.S.C. § 301.
4 47 C.F.R. § 22.3.
5 Data Investments, Inc., 15 FCC Rcd 23730 (Enf. Bur.,
2000).
6 NAL at 23732. This documentation is: (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.
7 47 U.S.C. § 405.
8 47 C.F.R. § 1.106.
9 47 C.F.R. § 1.80.
10 47 U.S.C. § 504(a).
11 See 47 C.F.R. § 1.1914.