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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CHECKPOINT OF PENNSYLVANIA, INC.) File No. EB-00-TS-292
Licensee of Paging Station WPCA811 ) NAL/Acct. No.
200132100010
Williamsport, Pennsylvania )
MEMORANDUM OPINION AND ORDER
Adopted: February 12, 2001 Released: February
14, 2001
By the Chief, Technical and Public Safety Division, Enforcement
Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order (``Order''), we
cancel the proposed monetary forfeiture in the amount of five
thousand dollars ($5,000) against Checkpoint of Pennsylvania,
Inc. (``Checkpoint'') for willful and repeated violation of
Section 301 of the Communications Act of 1934, as amended
(``Act''), and Section 1.903(a) of the Commission's Rules
(``Rules'').1 The noted violation involves operation of
Paging Station WPCA811 without a valid Commission license.
2. On December 14, 2000, the Chief, Technical and Public
Safety Division, Enforcement Bureau, issued a Notice of
Apparent Liability (``NAL'') for Forfeiture in the amount of
five thousand dollars ($5,000) to Checkpoint for the noted
violation.2 Checkpoint filed a response to the NAL on January
16, 2001.
II. BACKGROUND
3. Checkpoint's authorization for Paging Station WPCA811
expired on March 4, 1999. On December 16, 1999, Checkpoint
filed an application for renewal of the authorization for that
station and requested a waiver of Section 1.949(a) of the
Rules.3 On April 3, 2000, the Commission granted Checkpoint's
waiver request and reinstated its authority to operate Station
WPCA811.
4. On December 14, 2000, the Enforcement Bureau, pursuant
to Section 503(b) of the Act, and Sections 0.111, 0.311, and
1.80 of the Rules,4 issued the referenced NAL in the amount of
five thousand dollars ($5,000) to Checkpoint for operating
without a valid license.
5. In its response to the NAL, Checkpoint argues that the
one-year statute of limitations in Section 503(b)(6)(B)
prohibits the Commission from imposing the proposed
forfeiture.5 In support of its assertion, Checkpoint states
that it received Special Temporary Authority (``STA'') to
operate Station WPCA811 on December 6, 1999, shortly before
December 14, the ``cut-off date'' under Section 503(b)(6)(B)
of the Act. In view of the fact that Checkpoint had STA, it
had no unauthorized operation during the period December 6-16,
1999, and the Commission is barred from imposing the proposed
forfeiture. Finally, Checkpoint contends that the Commission
failed to apply all the relevant downward adjustment criteria
in this case.
III. DISCUSSION
6. Section 503(b)(6)(B) of the Act provides that
forfeitures may not be imposed against any person who is not a
broadcast station licensee if the violation charged occurred
more than one year prior to the date of issuance of the
required notice of apparent liability.6 The violation at
issue here occurred March 4, 1999, through December 5, 1999,
more than one year prior to the issuance of the NAL on
December 14, 2000. As the licensee correctly points out,
there was no unlicensed operation of Station WPCA811 during
the period December 6-16, 1999, because Checkpoint had STA for
this period. Accordingly, the NAL had to be issued by
December 5, 2000, to be timely.
7. The NAL was issued to Checkpoint on December 14, 2000,
and thus was not issued within one year of the occurrence of
the violation, as required by Section 503(b)(6)(B) of the Act.
As a result, we conclude that cancellation of the proposed
monetary forfeiture is warranted. In light of the fact that
the proposed monetary forfeiture is cancelled, we need not
reach Checkpoint's arguments concerning application of
downward adjustment criteria, and consequently, those
arguments are dismissed as moot. However, Checkpoint's late
filing of its renewal application does warrant an
admonishment.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Sections
0.111, 0.311, and 1.80(f)(4) of the Commission's Rules,7 the
forfeiture in the amount of $5,000 proposed by the NAL IS
CANCELLED but Checkpoint IS ADMONISHED that it must strictly
comply with Section 301 of the Act and Section 1.903(a) of the
Commission's Rules in the future.
9. IT IS FURTHER ORDERED that a copy of this Memorandum
Opinion and Order shall be sent by certified mail, return
receipt requested, to counsel for Checkpoint of Pennsylvania,
Inc., William J. Franklin, Esq., Law Offices of William J.
Franklin, Chartered, 1200 G St., N.W., Suite 800, Washington,
D.C. 20005-3814, and to Checkpoint of Pennsylvania, Inc., 419
W Fourth Street, Williamsport, Pennsylvania, 17701.
FEDERAL COMMUNICATIONS COMMISSION
Joseph P. Casey
Chief, Technical and Public Safety
Division
Enforcement Bureau
_________________________
1 47 U.S.C. § 301; 47 C.F.R. § 1.903(a).
2 Notice of Apparent Liability, NAL Acct. No. 200132100010
(Enf. Bur., rel. December 14, 2000).
3 47 C.F.R. § 1.949(a).
4 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, and 1.80.
5 47 U.S.C. § 503(b)(6)(B).
6 47 U.S.C. § 503(b)(6)(B).
7 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).