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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Colorado Callcomm, Inc. ) File Number EB-00-
TS-017
7000 North Broadway )
Building 2, Suite 203 )
Denver, Colorado 80221 ) NAL/Acct. No.
915DV0014
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 rescind a monetary forfeiture in the amount of ten
thousand dollars ($10,000) that was issued to Colorado
Callcomm, Inc. (``Callcomm'') for willfully and repeatedly
violating Section 301 of the Communications Act of 1934
(``Act''), as amended.1 The noted violations involve
Callcomm's operation of an unlicensed radio station near
Plainview, Colorado.2
2. In Callcomm's Petition for Reconsideration,
Callcomm, inter alia, identifies the licensee purportedly
responsible for the radio operation from an unlicensed
frequency, and claims that such operation was caused by a
malfunctioning transmitter. We have considered Callcomm's
arguments and reviewed the record, and we conclude that the
record is insufficient to support a finding that Callcomm
operated an unlicensed radio station.
3. Accordingly, IT IS ORDERED THAT, pursuant to
Section 504(b) of the Act, and Sections 0.111, 0.311, and
1.80 of the Commission's Rules (``Rules''),3 the monetary
forfeiture issued against Callcomm IS RESCINDED, and that
pursuant to Section 1.106 of the Rules,4 Callcomm's Petition
for Reconsideration IS GRANTED to the extent indicated
herein and IS DENIED in all other aspects.
4. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by Certified Mail Return Receipt Requested to
Colorado Callcomm, Inc., 7000 North Broadway, Building 2,
Suite 203, Denver, Colorado 80221, and to its counsel,
Russell Fox, Esquire, Gardner, Carton & Douglas, 1301 K
Street, N.W., Suite 900, East Tower, Washington, D.C. 20005-
3317.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Colorado Callcomm, Inc., 15 FCC Rcd 9397 (Enf. Bur.
2000).
3 47 C.F.R. §§ 0.11, 0.311, and 1.80.
4 47 C.F.R. § 1.106.