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

In the Matter of                        )
Data Investments, Inc.                  )    File Number EB-
d/b/a Star Communications               )
P.O. Box 537                       )
Cape Girardeau, Missouri 63702-0537          )    NAL/Acct. 
No. 200132100008

                      FORFEITURE ORDER

Adopted:  April 9, 2001                      Released:  
April 11, 2001

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1   In this  Forfeiture Order  (``Order''), we  issue a 
monetary forfeiture  in the  amount of two  thousand dollars 
($2,000)   against  Data   Investments,  Inc.,   d/b/a  Star 
Communications  (``Star''),  Cape Girardeau,  Missouri,  for 
willfully  and  repeatedly  violating  Section  301  of  the 
Communications  Act  of  1934 (``Act''),1  as  amended,  and 
Section 22.3  of the  Commission's Rules  (``Rules'').2  The 
noted  violations involve  Star's operation  of four  Public 
Mobile  (paging) radio  stations KNKC938,  KNKJ977, KNKC272, 
and  KNKC934  after  its  licenses for  those  stations  had 
     2.  On November 27,  2000, the Enforcement Bureau Chief 
issued  a   Notice  of  Apparent  Liability   (``NAL'')  for 
Forfeiture in the amount of five thousand dollars ($5,000).3  
Star filed its response on January 17, 2001. 

                       II.  BACKGROUND

     3.  Between the expiration  of Star's authorization for 
Stations KNKC938, KNKJ977, KNKC272  and KNKC934, on April 1, 
1999, and the grant of  its renewal application, Star had no 
authority to operate those  stations.  On December 27, 1999, 
Star filed,  with its renewal  application, a request  for a 
waiver  of  Section  1.949  of the  Rules.4   Star's  waiver 
request  indicates  that  Star  operated  Stations  KNKC938, 
KNKJ977, KNKC272  and KNKC934 without  authorization between 
April 1, 1999 and December 27, 1999.  On March 20, 2000, the 
Commission   staff  granted   Star's   waiver  request   and 
reinstated  its  authority   to  operate  Stations  KNKC938, 
KNKJ977, KNKC272 and KNKC934.

     4.   In its  response to  the NAL,  Star contends  that 
imposition  of the  proposed  monetary  forfeiture would  be 
unjust because  Star submitted a renewal  application before 
its licenses  expired, which apparently ``went  to the wrong 
department or was lost.''  According to Star, it mailed this 
application  on November  17, 1998,  to:  ``License  Renewal 
Division,  Federal   Communications  Commission,   445  12th 
Street, S.W.,  Washington, D.C. 20554.''  Star  asserts that 
the FCC did not respond to inquiries about the application's 

                      III.  DISCUSSION

     5.  As the NAL explicitly states, the forfeiture amount 
in this case was assessed  in accordance with Section 503 of 
the  Communications  Act  of 1934,  as  amended  (``Act''),5 
Section 1.80 of the Rules, 6 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 Act  requires that, in 
examining Star'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.7

     6.   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 22.3 of 
the Rules provides, in pertinent  part, that stations in the 
Public  Mobile  Service  must   be  operated  with  a  valid 
Commission authorization.

     7.   Star filed  its response  to the  NAL three  weeks 
late.   However,  because  consideration  of  that  response 
facilitates the  proper resolution  of this matter,  we will 
consider it.

     8.   The Commission  has no  record of  the application 
described in Star's response to the NAL and Star presents no 
evidence that such  an application was ever  received by the 
Commission.  However,  Star has consistently  maintained, in 
correspondence sent  both before  and after the  issuance of 
the NAL, that it did mail  such an application.  In light of 
the  circumstances  of this  case,  we  will give  Star  the 
benefit  of any  doubt and  assume  that it  mailed such  an 
application to the Commission on or about November 17, 1998.  

     9.  As  described in  Star's response  to the  NAL, the 
application Star says it filed has defects which include:

     (1)  Star  did not send  its application to  the Mellon 
     Bank,  in  Pittsburgh,  Pennsylvania, as   required  by 
     Section 0.401(b) of the Rules.8  Instead, it mailed the 
     application to ``License  Renewal Division,'' which did 
     not exist.

     (2)  Star  used FCC  Form 600.   Section 22.145  of the 
     Rules,9 then  in effect, required  the use of  FCC Form 

     10.  In view of these  defects, we find that rescission 
of the monetary forfeiture is not warranted.   However, even 
though  the   application  dated   November  17,   1998,  is 
defective, its  submission does demonstrate good  faith and, 
therefore, justifies mitigation of the forfeiture amount.

     11.   We  conclude that  Star willfully  and repeatedly 
violated  Section 301  of the  Act and  Section 22.3  of the 
Rules by  operating Stations KNKC938, KNKJ977,  KNKC272, and 
KNKC934  without Commission  authorization between  April 1, 
1999  and  December 27,  1999.  Taking  the above  statutory 
factors into account as well as the factors set forth in the 
Policy  Statement, we  conclude that  the proposed  monetary 
forfeiture should be mitigated to $2,000.

                    IV.  ORDERING CLAUSES

     12.   Accordingly,  IT  IS ORDERED  that,  pursuant  to 
Section 503(b)  of the  Act, and  Sections 0.111,  0.311 and 
1.80(f)(4) of  the Rules,10  Star IS  LIABLE FOR  A MONETARY 
FORFEITURE in  the amount  of two thousand  dollars ($2,000) 
for   operating   a   paging   system   without   Commission 
authorization in  willful and repeated violation  of Section 
301 of the Act and Section 22.3 of the Rules.

     13.  Payment  of the  forfeiture shall  be made  in the 
manner provided for  in Section 1.80 of  the  Rules11 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.12  Payment  may 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.  20013210000.   Requests  for   full  payment  under  an 
installment  plan  should be  sent  to:  Chief, Revenue  and 
Receivables  Operations   Group,  445  12th   Street,  S.W., 
Washington, D.C. 20554.13

     14.   IT IS FURTHER ORDERED  THAT a copy of  this order 
shall be sent, by  certified mail, return receipt requested, 
to Timothy J. Singleton,  Data Investments, Inc., d/b/a Star 
Communications,  P.O.  Box  537,  Cape  Girardeau,  Missouri  


                         David H. Solomon
                         Chief, Enforcement Bureau


     1 47 U.S.C.  301.
     2 47 C.F.R.  22.3.

     3 Data Investments, Inc., 15  FCC Rcd 23730 (Enf. Bur., 

     4 47 C.F.R.  1.949(a), which requires that renewal 
applications in the Wireless Radio Services be filed no 
later than the expiration date of the authorization for 
which the renewal is sought.
5     47 U.S.C.  503(b).

6     47 C.F.R.  1.80.

7     47 U.S.C.  503(b)(2)(D).

     8 47 C.F.R.  0.401(b).

     9 47 C.F.R.  22.145.  This section was superseded on 
December 14, 1998, by 47 C.F.R.  1.949.

     10 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     11 47 C.F.R.  1.80.

     12 47 U.S.C.  504(a).

     13 See 47 C.F.R.  1.1914.