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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CARMELITA T. GOSSARD ) File No. EB-00-TS-044
d/b/a AA BEEP )
Licensee of Paging Station KNKK662 ) NAL/Acct. No. X3210-
003
Cudjoe Key, Florida )
MEMORANDUM OPINION AND ORDER
Adopted: April 17, 2001 Released: April 19,
2001
By the Chief, Enforcement Bureau:
1. In this Memorandum
Opinion and Order (``Order''), we review the letter of Carmelita
T. Gossard, d/b/a AA Beep (``AA Beep''), dated March 25, 2001,
and find no basis for rescinding the Forfeiture Order1 issued
against AA Beep for willful violation of Section 301 of the
Communications Act of 1934, as amended (``the Act''), 2 and
Section 22.3 of the Commission's Rules (``the Rules'').3 The
noted violations involve AA Beep's operation of a paging system
without Commission authorization between April 1 and October 8,
1999.
2. On October 10, 2000,
the Enforcement Bureau (``Bureau'') released a Notice of Apparent
Liability for Forfeiture (``NAL'') in the amount of five thousand
dollars ($5,000) to AA Beep.4 AA Beep did not file a response.
On January 22, 2001, the Bureau released its Forfeiture Order
affirming the forfeiture proposed by the NAL. On February 5,
2001, AA Beep petitioned for reconsideration, contending that it
did not operate its paging system without authorization. In a
Memorandum Opinion and Order5 (``MO&O'') released on March 16,
2001, the Bureau denied AA Beep's petition for reconsideration
and affirmed the Forfeiture Order.
3. In its letter dated
March 25, 2001,6 AA Beep continues to claim that it did not
operate its paging system without authorization. Specifically,
AA Beep contends that its customers' pagers had been transferred
to another paging system and that it did not operate Station
KNKK662 during the relevant period (April 1 - October 8, 1999).
In our MO&O released on March 16, 2001, in which we first
reconsidered the Forfeiture Order, we pointed out that AA Beep
made the opposite claim in its request for a waiver of Section
1.949 of the Rules7:
Disruption of service on this frequency would
cause hardship to existing subscribers since
this system has been operating many years, is
presently being used and provides needed
communications to businesses in an area that
is not located in a major metropolitan area
(emphasis added).
In its letter dated March 25, 2001, AA Beep says that the above
assertion is ``not the words of the licensee''8 and is, in fact,
untrue.
4. AA Beep used the assertion quoted above as part of the
basis for obtaining a waiver of Section 1.949(a) of the Rules and
the grant of its renewal application. Now that it faces a
monetary forfeiture for unauthorized operation, AA Beep disavows
this assertion. However, AA Beep provides no explanation for
its change in position.
5. We have reviewed this matter thoroughly and find no
basis for rescinding the Forfeiture Order.
6. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules9 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.10
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. number referenced above. 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. 20554.11
7. IT IS FURTHER ORDERED THAT this Order shall be sent, by
certified mail, return receipt requested, to Carmelita T.
Gossard, d/b/a AA Beep, 22824 Blue Gill Lane, Cudjoe Key, Florida
33042.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Carmelita T. Gossard, d/b/a AA Beep, DA 01-137 (Enf. Bur.
2001).
2 47 U.S.C. § 301.
3 47 C.F.R. § 22.3.
4 Carmelita T. Gossard, d/b/a AA Beep, 15 FCC Rcd 19808
(Enf. Bur. 2000).
5 Carmelita T. Gossard, d/b/a AA Beep, DA 01-672 (Enf. Bur.
2001).
6 The Commission's Rules do not authorize the filing of such
a letter in a forfeiture proceeding. Nevertheless, in the
interest of fairness, we will consider it on our own motion in
this instance.
7 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.
8 AA Beep's counsel made the quoted statement in AA Beep's
behalf. It is, therefore, the equivalent of a statement made by
AA Beep itself.
9 47 C.F.R. § 1.80.
10 47 U.S.C. § 504(a).
11 See 47 C.F.R. § 1.1914.