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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Califormula, Inc. ) File No. EB-00-SD-
248
Chula Vista, California ) NAL Acct. No.
200132940001
FORFEITURE ORDER
Adopted: February 8, 2001 Released:
February 12, 2001
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
$10,000 forfeiture to Califormula Broadcasting1
(``Califormula'') for violating Section 301 of the
Communications Act of 1934, as amended (``Act'').2 In July
of 2000, Califormula operated an unlicensed private
microwave radio station from Chula Vista, California.
2. On July 26, 2000, investigating a complaint about
interference, agents from the Federal Communications
Commission's (``FCC'') San Diego, California Field Office
inspected a private operational fixed microwave radio
station broadcasting on 23,225 MHz from 1690 Frontage Road,
Chula Vista, California. The agents met with the radio
station's owner and manager. He said that Califormula
operated the radio station and showed the agents its FCC
license. The agents found, however, that the FCC license
for the radio station authorized Noventa FM 90, Inc. to
operate the radio station from 1229 Third Avenue, Suite C,
Chula Vista, California. Consequently, the Field Office
District Director issued a Notice of Apparent Liability
(``NAL'') to Califormula.3
3. In its response to the NAL, Califormula presents a
copy of the Restated Articles of Incorporation of Noventa FM
90, Inc. (``Noventa'') to support its claim that Noventa
changed its name in July of 1996 to Califormula.
Califormula also attaches a copy of its FCC Form 601,4 in
which Noventa asked the FCC to approve, among other things,
Noventa's proposed move of its radio station transmitter
from 1229 Third Avenue to 1696 Frontage Road, Chula Vista,
California.5
4. Citing Section 101.31(b)(1) of the Commission's
Rules (``Rules''), Califormula contends that it had
conditional FCC authorization to operate its radio station
because its FCC Form 601, which it submitted on March 2,
1999, was pending before the FCC.6 Califormula is correct
that its FCC Form 601 was still pending in July of 2000, but
is mistaken in believing that its radio station qualified
for conditional FCC authorization.7
5. Califormula's radio station does not qualify for
conditional FCC authorization for two reasons. Section
101.31(b)(1) of the Rules sets forth eight separate criteria
for conditional FCC authorization, each of which the
applicant must meet. Sections 101.31(b)(1)(v) and (vii) are
relevant here.
(v) The station site does not lie
within 56.3 kilometers of any
international border, within a radio
``Quiet Zone'' identified in § 1.924 of
this chapter or, if operated on
frequencies in the 17.8¾19.7 GHz band,
within any of the areas identified in §
1.924 of this chapter;
. . .
(vii) The filed application(s) does not
propose to operate in the 21.2¾23.6 GHz
band with an E.R.P. greater than 55 dBm
pursuant to § 101.147(s)[.]
6. Califormula's radio station, located at 1690
Frontage Road, lies within approximately 6.5 kilometers of
the Mexican border.8 Section 101.31(b)(1)(v) of the Rules
sets 56.3 kilometers as the minimum distance between
Califormula's radio station and the Mexican border.
Califormula's radio station did not comply with Section
101.31(b)(1)(v) of the Rules because it was closer to the
Mexican border than the minimum 56.3 kilometer separation.
Califormula's radio station also fails to meet the 55 dBm
Effective Radiated Power (``ERP'') limit set forth in
Section 101.31(b)(1)(vii) of the Rules. In its FCC Form
601, Califormula states that its radio station's Equivalent
Isotropically Radiated Power (``EIRP'') is 63.4 dBm.
Converting the radio station's EIRP of 63.4 dBm to an
equivalent ERP results in an ERP of 61.3 dBm, which is
greater than the 55 dBm ERP limit set by Section
101.31(b)(1)(vii) of the Rules.9
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,10 and Sections 0.111, 0.311, and
1.80(f)(4) of the Rules,11 Califormula IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $10,000 for willfully
and repeatedly violating Section 301 of the Act.
8. Payment of the forfeiture shall be made in the
manner provided for in Section 1.80 of the Rules,12 within
30 days of the release of this Forfeiture 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.13 Payment may be
made by mailing a check or similar instrument, payable to
the order of the ``Federal Communications Commission,'' to
Federal Communications Commission
P.O. Box 73482
Chicago, Illinois 60673-7482.
RE: NAL Acct. No. 200132940001
The payment should note NAL Acct. No. 200132940001
referenced above. 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.
20554.14
9. IT IS FURTHER ORDERED that a copy of this
Forfeiture Order shall be sent by Certified Mail Return
Receipt Requested to David M. Silverman, Esq., counsel for
Califormula, at Cole, Raywid & Braverman, L.L.P., 1919
Pennsylvania Avenue, N.W., Suite 200, Washington, D.C.
20006.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 According to the response to the NAL, ``Califormula,
Inc.'' is the proper name for the entity.
2 47 U.S.C. § 301.
3 NAL Acct. No. 200132940001 (Enf. Bur., San Diego Field
Office, rel. Oct. 13, 2000).
4 FCC Application for Wireless Telecommunications Bureau
Radio Service Authorization.
5 For purposes of this Order, we find inconsequential the
discrepancy between the 1690 Frontage Road address in the
NAL and Califormula's response and the 1696 Frontage Road
address in Noventa's FCC Form 601.
6 47 C.F.R. § 101.31(b)(1).
7 The Wireless Telecommunications Bureau dismissed
Califormula's FCC Form 601 on August 27, 2000.
8 Using 1696 Frontage Road as part of the measurement
calculus, see n.5, would not materially change the
separation between the radio station and the Mexican border.
9 To convert from EIRP to ERP, we subtracted 2.15 dB from
the known EIRP dBm value.
10 47 U.S.C. § 503(b).
11 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
12 47 C.F.R. § 1.80.
13 47 U.S.C. § 504(a).
14 See 47 C.F.R. § 1.1914.