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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Joe L. Ford, d/b/a/ ) File No. EB-00-TS-149
Ford Communications ) NAL/Acct. No. 200132100005
Licensee of Paging Stations KNKM966, KNKM224 )
KNKL902, KNKO751 and KNKO274 )
Various Locations in Kentucky )
FORFEITURE ORDER
Adopted: February 12, 2001 Released: February
14, 2001
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of five thousand dollars
($5,000) against Joe L. Ford, d/b/a Ford Communications
(``Ford''), for violation of Section 301 of the Communications
Act of 1934 (``Act''), as amended, and Section 22.3 of the
Commission's Rules (``Rules'').1 The noted violation involves
Ford's operation of paging systems without Commission
authorization.
2. On November 29, 2000, the Chief, Enforcement Bureau,
issued a Notice of Apparent Liability (``NAL'') for Forfeiture
in the amount of five thousand dollars ($5,000).2 Ford filed
a response on December 6, 2000.
II. BACKGROUND
3. Ford's authorization for the captioned stations expired
on April 1, 1999. Ford, however, did not file applications
for renewal of the authorization for the above listed stations
until March 7, 2000. On April 20, 2000, the Commission
reinstated Ford's authority to operate the captioned stations.
4. On November 29, 2000, the Chief, Enforcement Bureau,
issued a Notice of Apparent Liability for Forfeiture (``NAL'')
to Ford in the amount of $5,000 for its operation of paging
stations without valid licenses in willful and repeated
violation of Section 301 of the Communications Act and Section
22.3 of the Commission's Rules.3 In response to the NAL, Ford
argues that it is a small business whose primary business is
to better serve its community, and suggests that its revenues
are insufficient to cover the forfeiture amount. Ford states
that it has not made a profit in the last three years. In
support of this assertion, Ford submits profit and loss
statements from 1997, 1998, and 1999.
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 a
license.4 Section 22.3 of the Commission's Rules provides, in
pertinent part, that stations in the Public Mobile Service
must be operated with a valid Commission authorization.5 We
find that Ford willfully and repeatedly violated Section 301
of the Communications Act and Section 22.3 of the Rules by
operating paging stations without valid licenses.
6. Ford submits profit and loss statements in support of
its assertion that its revenues are insufficient to cover the
proposed forfeiture. The Commission requires licensees
claiming inability to pay a forfeiture to provide tax returns
or financial statements prepared in accordance with generally
accepted accounting principles for the most recent three years
or other reliable and objective documentation that accurately
reflects the licensee's current financial status. See Barry
A. Stevenson, 12 FCC Rcd 1976, 1977 (Compl. & Inf. Bur. 1997).
Ford's financial statements do not include any certification
as to their correctness, and we cannot determine from the
information available that these financial statements were
prepared in accordance with generally accepted accounting
principles. In any event, Ford's profit and loss statements
indicate that it had gross revenues of $237,171.30 in 1997,
$190,935.93 in 1998, and $231,332.82 in 1999. The proposed
forfeiture amount of $5,000 is not excessive in the context of
these revenues. Therefore, we affirm the forfeiture of
$5,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6, and Sections 0.111, 0.311 and 1.80(f)(4)
of the Commission's Rules7, Joe L. Ford, d/b/a Ford
Communications, IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $5,000 for willful and repeated violation of Section
301 of the Communications Act of 1934, as amended, and Section
22.3 of the Commission's Rules.
8. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Commission's Rules8 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 shall 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.
200132100005. 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 Joe L. Ford, d/b/a Ford Communications, Lewis
H. Goldman Law Offices, Attention Lewis H. Goldman, 4141 North
Henderson Road, Plaza Suite 9, Arlington, Virginia 22203.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
_________________________
1 47 C.F.R. § 22.3.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200132100005 (Enf. Bur., rel. November 29, 2000).
3 47 U.S.C. § 301; 47 C.F.R. § 22.3.
4 47 U.S.C. § 301.
5 47 C.F.R. § 22.3.
6 47 U.S.C. § 503(b).
7 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.