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

In the Matter of                        )
Licensee of Specialized Mobile Radio Stations     ) 
WPFV467, WPFV649, WPFV705, WPFV707,     )
WPFV709, WPFV852, WPFV924, WPFV929,     )
WPFV961, WPFV962 and WPFU496       )    File No. EB-00-TS-232
 Various locations in North Carolina and          )    NAL/Acct. 

No.  200132100009
 Virginia                     )    
                        FORFEITURE ORDER

Adopted:  February 13, 2001                  Released:      
February 15, 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 $6,000  to Commercial Radio  Service 
Corp. (``Commercial  Radio'') for  violating Section  301 of  the 
Communications Act of  1934 (``Act'')1, as  amended, and  Section 
1.903(a) of  the  Commission's  Rules  (``Rules'').2   The  noted 
violations involve the operation  of eleven 800 MHz  Conventional 
Specialized  Mobile  Radio  (SMR)  stations  without   Commission 

     2. On December  11, 2000,  the Technical  and Public  Safety 
Division (``TPSD'')  issued a  Notice of  Apparent Liability  for 
Forfeiture (``NAL'')  in  the  amount  of  six  thousand  dollars 
($6,000).3  Commercial Radio  filed its response  on January  10, 

                         II.  Background

     2.  Commercial Radio's authorizations for the captioned  SMR 
stations expired  on  the dates  indicated:  WPFV467  (10/18/99), 
WPFV649  (10/21/99),  WPFV705  (10/21/99),  WPFV707   (10/21/99), 
WPFV709  (10/21/99),  WPFV852  (10/21/99),  WPFV924   (10/19/99), 
WPFV929 (10/20/99),  WPFV961 (10/21/99),  WPFV962 (10/21/99)  and 
WPFU496 (10/11/99).  On March  24, 2000,  Commercial Radio  filed 
applications for renewal of the authorizations for those stations 
and requested  the waiver  of Section  1.949 of  the  Commissions 
Rules.4  Commercial  Radio's  waiver request  indicates  that  it 
operated the captioned SMR stations without authorization between 
October, 1999 and March 24, 2000. 5 

     3.  In its response to the NAL, Commercial Radio argues that 
it is  entitled to  cancellation or  mitigation of  the  proposed 
forfeiture on the basis of its ``history of overall  compliance'' 
and because the violations resulted from an administrative  error 
by its agent.  Commercial  Radio also argues  that the period  of 
misconduct for which the Commission may assess a forfeiture  runs 
from December 1999 (one year before the issuance of the NAL)6  to 
March 24,  2000,  and  that the  unauthorized  operation  of  the 
captioned stations during that period  does not warrant a  $6,000 
                           II.  Discussion

     4.  As the NAL explicitly states, TPSD assessed the proposed 
forfeiture amount in this case in accordance with Section 503  of 
the Act,7  Section  1.80  of the  Rules,8  and  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd  17087 
(1997),  recon.  denied,   15  FCC  Rcd   303  (1999)   (``Policy 
Statement'').  Section  503(b)  of  the Act9  requires  that,  in 
examining Commercial Radio's response,  the Commission take  into 
account the  nature, circumstances,  extent  and gravity  of  the 
violation and,  with  respect  to the  violator,  the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such matters as justice may require.10

     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 1.903(a)  of the  Commission's 

Rules provides,  in  pertinent part,  that  stations in  the  SMR 

service must be operated with a valid Commission authorization.

     6.   Commercial  Radio  concedes  it  operated  its  11  SMR 

stations without valid licenses  between October, 1999 and  March 

24, 2000.   We  conclude  that  Commercial  Radio's  unauthorized 

operation between  October,  1999  and March  24,  2000,  was  in 

willful  and   repeated  violation   of   Section  301   of   the 

Communications Act and Section 1.903(a) of the Rules.

     7.   We reject Commercial  Radio's arguments for  mitigation 

or cancellation  of  the proposed  monetary  forfeiture.   First, 

Commercial Radio's operation of  eleven stations for five  months 

without authorization precludes finding that Commercial Radio has 

a ``history of overall compliance.''  Second, Commercial Radio is 

fully responsible  for the  administrative errors  of its  agent.  

Finally, the violations occurring between December 1999 and March 

24, 2000, alone,  fully justify  a $6,000  forfeiture.  In  other 

recent cases  we  imposed  a  $5,000  forfeiture  for  unlicensed 

operation  resulting   from  the   late  filing   of  a   renewal 

application.11   In  this  case,  however,  $6,000  is  justified 

because of the large number of stations involved (11).

     8.  We conclude  that there  is no basis  for rescission  or 
mitigation of the proposed monetary forfeiture and that $6,000 is 
the proper amount.

                   III.      Ordering Clauses

     9.   Accordingly, IT  IS ORDERED THAT,  pursuant to  Section 
503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Rules,13 Commercial Radio IS LIABLE FOR A MONETARY FORFEITURE 
in the amount of $6,000  for repeatedly violating the  provisions 
of Section  301 of  Act and  Section 1.903  of the  Rules,  which 
prohibit operation of  a station without  authorization from  the 
      10.  Payment of the forfeiture shall be made in the  manner 

provided for in Section 1.80  of the Commission's Rules14  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.15  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  ``NAL/Acct. No.  200132100009''  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. 20554.16      

     11.  IT IS FURTHER  ORDERED THAT a  copy of this  Forfeiture 
Order  shall  be  sent,  by  Certified  Mail  -  Return   Receipt 
Requested, to Commercial Radio Service Corp., 6210 Virginia Beach 
Boulevard, Norfolk, Virginia  23502, and to  its counsel,  Lukas, 
Nace, Gutierrez  &  Sachs,  Attention: Pamela  Gaary,  1111  19th 
Street, NW, Suite 1200, Washington, DC 20036. 

                              FEDERAL COMMUNICATIONS COMMISSION

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

     1  47 U.S.C.  301.

     2 47 C.F.R.  1.903(a).

     3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200132100009 (Enf.  Bur.,Technical  and Public  Safety  Division, 
released December 11, 2000).

     4 47 C.F.R.  1.949.   This Section provides , in  pertinent 
part, that ``Applications  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. 
. . .'' 

5      On  August  8, 2000,  the  Commission  granted  Commercial 
Radio's  March  24,  2000,  waiver  request  and  reinstated  its 
authority to operate the above mentioned SMR stations.

     6 See Section 503(b)(6)(B) of the Act, 47 U.S.C.  
503(b)(6)(B), which provides, in pertinent part, that no 
forfeiture shall be imposed if the violation charged occurred 
more than one year before the issuance of the NAL.

     7  47 U.S.C.  503.

     8 47 C.F.R.  1.80.

     9 47 U.S.C.  503(b).

     1010 47 U.S.C.  503(b)(2)(D).

     11 See, e.g., Carmelita T. Gossard d/b/a AA Beep, 15 FCC Rcd 
19808 (Enf. Bur. 2000); Forfeiture Order, NAL Acct. No. X3210003 
(Enf. Bur. released January 22, 2001).

     12 47 U.S.C.  503(b).

     13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     14 47 C.F.R.  1.80.

     15 47 U.S.C.  504(a).

     16 See 47 C.F.R.  1.1914.