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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Statcom Communications Corp. ) File No. EB-00-
PA-088
Staten Island, New York ) NAL Acct. No.
X3240003
MEMORANDUM OPINION AND ORDER
Adopted: November 1, 2001 Released:
November 5, 2001
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Memorandum Opinion and Order (``Order''),
we cancel a four thousand dollar ($4,000) Notice of Apparent
Liability for Forfeiture (``NAL'')1 that the Philadelphia
Field Office issued to Statcom Communications Corp.
(``Statcom'') for apparently violating Section 90.403(e) of
the Commission's Rules (``Rules'').2 The violation involved
Statcom's alleged failure to monitor 461.525 MHz, a shared
frequency, before transmitting.
2. After reviewing the record, including Statcom's
decision to cease operating on 461.525 MHz,3 we conclude
that cancellation of the NAL is warranted. This case
prompts us, however, to urge Commission licensees to
consider their operational environment in complying with
Section 90.403(e) of the Rules. In some circumstances,
licensees may find it prudent to install more selective
monitoring equipment to ensure that harmful interference to
shared frequencies is avoided.
3. Accordingly, IT IS ORDERED that, pursuant to
Section 504(b) of the Communications Act of 1934,4 as
amended, and Section 1.80(f)(4) of the Rules,5 the captioned
NAL issued to Statcom IS CANCELLED.
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by certified mail, return receipt requested,
to Statcom Communications Corp., 1324 Forest Avenue, Staten Island, New York 10302, and to its counsel, Pamela
Gaary, Esq., Lukas, Nace, Gutierrez & Sachs, Chartered, 1111
19th Street, N.W., 12th Floor, Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Statcom Communications Corp., NAL Acct. No. X3240003 (Enf.
Bur., Phila. Office, rel. Aug. 8, 2000).
2 47 C.F.R. § 90.403(e).
3 On July 31, 2001, the Wireless Telecommunications Bureau
granted Statcom's application to delete frequency 461.525
MHz from its license. See Wireless Telecommunications
Bureau Application File No. 0000427785.
4 47 U.S.C. § 504(b).
5 47 C.F.R. § 1.80(f)(4).