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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File No. EB-00-TS-027
)
Page-A-Phone, Inc. ) NAL/Acct. No. X20EF0018
Licensee of Stations WRV927 & WXR916 )
Cookeville, Tennessee )
MEMORANDUM OPINION AND ORDER
Adopted: August 7, 2001 Released: August 10,
2001
By the Commission:
1. In this Order, we dismiss the May 24, 2001 application
for review filed by Page-A-Phone, Inc. ("Page-A-Phone"), licensee
of Stations WRV927 and WXR916, of the Forfeiture Order1 issued by
the Enforcement Bureau in this proceeding. Pursuant to Section
503(b) of the Communications Act of 1934, as amended (``the
Act'')2, and Section 1.80 of the Commission's Rules (``the
Rules'') the Enforcement Bureau found Page-A-Phone liable for a
monetary forfeiture in the amount of $1,500 for willful violation
of Section 1.949 of the Rules by failing to file license renewal
applications for paging Stations WRV927 and WXR916 prior to the
expiration of the authorizations for the stations.
2. The Forfeiture Order issued in this proceeding was
released on November 3, 2000. Pursuant to Section 1.115(d) of
the Rules, Page-A-Phone had 30 days, ending on December 4, 2000,
to file its application for review of the Forfeiture Order. The
Commission did not receive Page-A-Phone's application for review
until May 24, 2001. Page-A-Phone offers no explanation as to why
it could not file its application for review within the 30-day
filing period. Therefore, Page-A-Phone's application for review
is dismissed because it was not timely filed.
ORDERING CLAUSES
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
1.115(d) of the Rules, 47 C.F.R. § 1.115(d), Page-A-Phone, Inc.'s
application for review of the Forfeiture Order for NAL No.
X20EF0018 IS DISMISSED.
4. IT IS FURTHER ORDERED that, pursuant to Section 503(b)
of the Act, 47 U.S.C. § 503(b), and Section 1.80 of the Rules, 47
C.F.R. § 1.80, Page-a-Phone, Inc. must pay the amount of one
thousand five hundred dollars ($1,500) within thirty (30) days of
the release date of this Order. Payment may be made by check or
money order, drawn on a U.S. financial institution, payable to
the Federal Communications Commission.3 The remittance should be
marked ``NAL Acct. No. X20EF0018'' and mailed to the following
address:
Federal Communications Commission
P.O. Box 73482
Chicago, Illinois 60673?7482
Forfeiture penalties not paid within 30 days may be referred to
the U.S. Attorney for recovery in a civil suit. 47 U.S.C. §
504(a).
5. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by certified mail, return?receipt requested, to Page-A-
Phone, Inc., Attn: Austin L. Stinnett, 207 Reagan Street,
Cookeville, TN 38501.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 Page-A-Phone, Inc., 15 FCC Rcd 21932 (Enf. Bur. 2000).
2 47 U.S.C. § 503(b).
3 Payment of the forfeiture in installments may be
considered as a separate matter in accordance with Section 1.1914
of the Rules, 47 C.F.R. § 1.1914. Requests for installment plans
should be mailed to: Chief, Revenue & Receivables Operations
Group, 445 Twelfth Street, S.W., Washington, DC 20554.