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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
AT&T Wireless PCS, Inc. ) File No. EB-00-
SJ-105
Washington, D.C. )
) NAL/Acct. No.
20013268002
MEMORANDUM OPINION AND ORDER
Adopted: February 13, 2001 Released: February 15,
2001
By the Chief, Enforcement Bureau:
1. This Memorandum Opinion and Order (``Order'') rescinds a
proposed monetary forfeiture issued to AT&T Wireless PCS, Inc.
(``AT&T'') in the amount of $10,000 for apparent willful and
repeated violations of Section 301 of the Communications Act of
1934, as amended (``the Act'').1 The proposed forfeiture was
assessed for AT&T's alleged operation of a PCS station without
authorization from a site in Humacao, Puerto Rico. Based on
AT&T's response, it is clear that AT&T did not engage in the
operation at issue in the Notice of Apparent Liability for
Forfeiture.
2. Accordingly, IT IS ORDERED, pursuant to Section 504(b)
of the Act2 and Sections 0.111, 0.311 and 1.80 of the Rules,3
that the Notice of Apparent Liability for Forfeiture issued to
AT&T IS RESCINDED.
3. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent certified mail, return receipt requested, to AT&T
Wireless PCS, Inc., 1150 Connecticut Avenue, N.W., 4th Floor,
Washington, D.C. 20036.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301. See Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 20013268002 (Enf. Bur., San Juan
Resident Agent Office, released November 21, 2000).
2 47 U.S.C. § 504(b).
3 47 C.F.R. §§ 0.111, 0.311, and 1.80.