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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
Econopage of Cleveland, Inc.    )    File No. EB-00-TS-215
Licensee of Station KNKJ435    )     NAL/Acct. No. 200132100001
Columbus, Ohio                 ) 

                        FORFEITURE ORDER

     Adopted:  February 7, 2001              Released:   February 
9, 2001    

By the Chief, Technical  and Public Safety Division,  Enforcement 

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture  in  the  amount of  five   thousand  dollars 
($5,000) against Econopage of Cleveland, Inc. (``Econopage'') for 
willful violation of  Section 301  of the  Communications Act  of 
1934 (``Act'')1, as amended, and Section 22.3 of the Commission's 
Rules (``Rules'').2  The violation involved Econopage's operation 
of a paging facility without authorization from April 1, 1999  to 
October 18, 1999.

                         II.  BACKGROUND

     2.   Econopage's license to  operate paging station  KNKJ435 
was set to expire on April 1, 1999.  On April 1, 1999,  Econopage 
filed a  renewal application  for  paging station  KNKJ435.   The 
Wireless   Telecommunications   Bureau   (``Wireless    Bureau'') 
dismissed the renewal application on  April 19, 1999 because  the 
requisite filing  fee did  not accompany  the application.   When 
Econopage's application  was dismissed  on  April 19,  1999,  its 
license expiration  became effective  as of  April 1,  1999.   On 
September  29,  1999,   Econopage  requested  Special   Temporary 
Authority (``STA'') to operate.   On October 15, 1999,  Econopage 
filed a  renewal application  for paging  station KNKJ435  and  a 
request for  a  waiver  of  Section 1.949  of  the  Rules,  which 
requires, in pertinent part, that ``[a]pplications for renewal of 
authorizations in the  Wireless Radio Services  must be filed  no 
later than the  expiration date  of the  authorization for  which 
renewal is  sought  ....''3.   The STA  request  was  granted  on 
October 6,  1999.   On December  13,  1999, the  Wireless  Bureau 
granted the request  for waiver  of Section 1.949  and the  late-
filed renewal application.

     3.   On October  17,  2000,  the Chief  of  the  Enforcement 
Bureau, pursuant to Section 503(b) of the Act and Section 1.80 of 
the Rules,4 issued a Notice  of Apparent Liability in the  amount 
of $5,000  to  Econopage  for operating  paging  station  KNKJ435 
without authorization.5

     4.   On November 15, 2000,  Econopage filed a response  with 
the Commission in which it  requests reduction of the  forfeiture 
amount.  Econopage asserts that  the forfeiture amount should  be 
reduced because  it did  submit its  renewal application  timely; 
however, the application was  submitted by a third-party  without 
the required fees.   Econopage contends that  it did not  receive 
sufficient notice from the third-party for it to properly respond 
to the application dismissal.  
                           III.  DISCUSSION

     5.   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 22.3  of the  Rules  requires 
stations in the Public  Mobile Services to  be used and  operated 
only in accordance with the rules and with a valid authorization. 

     6.   Because Econopage's  application  was  not  renewed  on 
April 1, 1999, we  find that it did  operate in violation of  the 
Act and the Rules by  operating paging station KNKJ435 without  a 
license.  The unauthorized  operation occurred, admittedly,  from 
April 1,  1999  to November  30,  1999.  Even  if  Econopage  had 
received more  timely  notice of  the  dismissal of  its  renewal 
application from the third-party who filed it, it would not  have 
been possible for Econopage to  receive such notice prior to  the 
date its  license expired,  April 1,  1999.  Consequently,  there 
would still have  been some period  of time ,  at least  nineteen 
days, during which Econopage would have been operating without  a 
license.  Moreover, although Econopage relied on a third-party to 
properly file its renewal application, ``[l]icensees are expected 
to know and comply with the  Commission's rules, and will not  be 
excused  for   violations   thereof,  absent   clear   mitigating 
circumstances.''6   Econopage   has  not   presented   mitigating 
circumstances that would warrant reducing the forfeiture amount.  
                      IV.  ORDERING CLAUSES

     7.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Rules,7 Econopage of  Cleveland, Inc.  IS  LIABLE FOR A  MONETARY 
FORFEITURE in the  amount of five  thousand dollars ($5,000)  for 
violating Section 301 of the Act and Section 22.3 of the Rules by 
operating station KNKJ435 without a license. 

     8.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules,8 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.9  
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  NAL/Acct. 
No. 200132100001.  Requests for full payment under an installment 
plan should be sent to: Chief, Credit and Debt Management Center, 
445 12th Street, S.W., Washington, D.C. 20554.10

     9.   IT IS FURTHER ORDERED that,  a copy of this  Forfeiture 
Order shall be sent by Certified Mail Return Receipt Requested to 
counsel  for  Econopage   of  Cleveland,   Inc.,  Schwaninger   & 
Associates, Attention: Benjamin J. Aron, 1835 K Street, NW, Suite 
650, Washington, DC 20006.


                         Joseph P. Casey
                         Chief,  Technical   and  Public   Safety 
                         Enforcement Bureau


  1   47 U.S.C.  301.

  2    47 C.F.R.  22.3.  

  3    47 C.F.R.  1.949.

  4    47 U.S.C.  503(b); 47 C.F.R.  1.80. 

  5    Econopage of Cleveland, Inc., 15 FCC Rcd 20,074 (EB 2000).

  6   Sitka Broadcasting Co., Inc., 70 FCC 2d 2375, 2378  (1979), 
citing Lowndes County Broadcasting Co.,  23 FCC 2d 91 (1970)  and 
Emporium Broadcasting Co., 23 FCC 2d 868 (1970).

  7    47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  8    47 C.F.R.  1.80.

  9    47 U.S.C.  504(a).

  10   See 47 C.F.R.  1.1914.