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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
RW Shop, Inc. and Donald Mayer ) File No. EB-04-SE-190
Pepperell, Massachusetts ) NAL/Acct. No. 200532100005
) FRN No. 0008867731
)
ORDER
Adopted: November 5, 2004 Released: November
9, 2004
By the Chief, Enforcement Bureau:
1. In this Order, we adopt a Consent Decree
terminating an investigation into possible violations by RW
Shop, Inc. (``RW Shop'') and Donald Mayer of Section 301 of
the Communications Act of 1934, as amended (the ``Act'')1
and Section 87.18 (a) of the Commission's Rules (``Rules'')
concerning the operation of an aeronautical advisory
(``unicom'') station on frequency 123.05 MHz at Pepperell
Airport in Pepperell, Massachusetts.2
2. The Enforcement Bureau, RW Shop and Donald
Mayer. have negotiated the terms of a Consent Decree that
would resolve this matter and terminate the investigation.
A copy of the Consent Decree is attached hereto and
incorporated by reference.
3. After reviewing the terms of the Consent
Decree, we find that the public interest will be served by
adopting the Consent Decree and terminating the
investigation.
4. Based on the record before us, we conclude that no
substantial or material questions of fact exist as to
whether RW Shop and/or Donald Mayer possess the basic
qualifications, including those related to character, to
hold or obtain any FCC license or authorization.
5. Accordingly, IT IS ORDERED that, pursuant to
Sections 4(i) and 4(j) of the Communications Act of 1934,
as amended,3 and Sections 0.111 and 0.311 of the Rules,4
the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the Enforcement
Bureau's investigation into the matter described herein IS
TERMINATED.
7. IT IS FURTHER ORDERED that RW Shop, Inc.
and/or Donald Mayer shall make a voluntary contribution to
the United States Treasury, as specified in the Consent
Decree. Payment shall be made by mailing a check or
similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection
Section, Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482. The payment
should note NAL/Acct. No. 200532100005 and FRN No.
0008867731. Payment by overnight mail may be sent to Bank
One/LB 73482, 525 West Monroe, 8th Floor Mailroom, Chicago,
Illinois 60661. Payment by wire transfer may be made to
ABA Number 071000013, receiving bank ``Bank One,'' account
number 1165259.
8. IT IS FURTHER ORDERED that a copy of this
Order and Consent Decree shall be sent by first class mail
and certified mail, return receipt requested, to Mr. Donald
Mayer, 165 Nashua Road, Route 111, Pepperell, Massachusetts
01463, and to his attorney, William Crispin, Esquire,
Crispin & Associates, P.L.L.C., 1156 Fifteenth Street,
N.W., Suite 1105, Washington, D.C. 20005.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
CONSENT DECREE
The Enforcement Bureau of the Federal Communications
Commission, RW Shop Inc. and Donald V. Mayer, II (``Donald
Mayer'' or ``Mr. Mayer'') hereby enter into this Consent
Decree for the purpose of terminating an investigation
regarding the possible unauthorized operation of an
aeronautical advisory station (``unicom") on frequency
123.05 MHz in violation of Section 301 of the Communications
Act of 1934, as amended, (``Act'')5 and Section 87.18(a) of
the Commission's Rules (``Rules'').6
Background
1. Since 1997, Pepperell Airport, which is located in
Pepperell, Massachusetts, has been served by a unicom on the
frequency of 123.05 MHz. The station was originally
licensed to RW Shop, Inc. (or ``RW Shop'') under call sign
KJN8. That license expired on January 18, 2002, after RW
Shop failed to file a timely application for renewal. On
April 30, 2003, Pepperell Airport filed an application for a
new unicom station on frequency 123.05 MHz. On June 10,
2004, the Wireless Telecommunications Bureau granted
Pepperell Airport a license for a new unicom station, call
sign WQA1961, on frequency 123.05 MHz.7 However, the
Wireless Telecommunications Bureau referred to the
Enforcement Bureau for investigation the issue of whether
the unicom station at Pepperell Airport continued to operate
on frequency 123.05 MHz after the license for station KJN8
expired, in violation of Section 301 of the Act and Section
87.18 of the Rules. The Enforcement Bureau subsequently
initiated an investigation.
Definitions
2. For the purposes of this Consent Decree, the
following definitions shall apply:
(a) ``Commission'' or ``FCC'' means the Federal
Communications Commission;
(b) ``Bureau'' means the Enforcement Bureau of the
Federal Communications Commission;
(c) ``RW Shop'' means the former licensee of KJN8.
Donald Mayer held an ownership interest in RW
Shop;
(d) ``Mayer'' means Donald Mayer, a partner in a
partnership that holds the license for WQA1961
under the name Pepperell Airport. Mayer's
partnership also leases the land and airport
facilities and operates a parachute jumping
business at Pepperell Airport;
(e) ``Parties'' means RW Shop, Mayer and the
Bureau;
(f) ``Adopting Order'' means an order of the
Bureau adopting the terms and conditions of this
Consent Decree;
(g) ``Effective Date'' means the date the
Adopting Order is released by the Bureau;
(h) ``Rules'' means the Commission's Rules
found in Title 47 of the Code of Federal
Regulations; and
(i) ``Act'' means the Communications Act of
1934, as amended, 47 U.S.C. §§151 et seq.
Terms of Settlement
3. The Parties agree and acknowledge that this
Consent Decree shall constitute a final settlement between
RW Shop, Mayer and the Bureau regarding possible violations
of the Act and the Rules with respect to the operation of a
unicom station on frequency 123.05 MHz at Pepperell Airport
after January 18, 2002. In consideration for the
termination of the investigation into whether RW Shop and/or
Mayer operated a unicom station on frequency 123.05 MHz at
Pepperell Airport after January 18, 2002 without Commission
authorization and in accordance with the terms of this
Consent Decree, RW Shop and Mayer agree to the terms,
conditions, and procedures contained herein.
4. RW Shop and Mayer agree to implement a Regulatory
Compliance Plan (``RCP'') governing any FCC license held by
RW Shop and any FCC license in which Donald Mayer holds any
interest, including the license for unicom station WQA1961.
The RCP will include the appointment of an employee, the
Regulatory Manager, who will be responsible for overseeing
compliance with the rules and regulations, including
specifically those rules and regulations concerning license
renewal. The Regulatory Manager will be responsible for
maintaining a file in its office at the Pepperell Airport
containing a list of compliance dates of all impending FCC
deadlines, including the expiration dates and license
renewal dates of any FCC licenses held by RW Shop and any
FCC license in which Donald Mayer holds any interest. The
Regulatory Manager will be the person responsible for
completing all documentation for license renewals,
responding to any Commission inquires and submitting these
to the Commission. Finally, the Regulatory Manager will
consult with Commission staff and/or other professionals
including where necessary lawyers specializing in practice
before the Commission to ensure compliance with the rules
and regulations particularly including the Rules and
regulations regarding the renewal of FCC licenses.
5. In express reliance on the covenants and
representations contained herein, and to avoid the further
expenditure of scarce public resources, the Bureau agrees to
terminate its investigation.
6. RW Shop and/or Mayer shall make a voluntary
contribution to the United States Treasury in the amount of
$500.00 within 10 calendar days after the Order adopting
this Consent Decree becomes final. RW Shop or Mayer must
make this payment, without further protest or recourse, by
mailing a check or similar instrument, payable to the order
of the Federal Communications Commission, to the Federal
Communications Commission, Forfeiture Collection Section,
Finance Branch, P.O. Box 73482, Chicago, Illinois 60673-
7482. The payment should note NAL/Acct. No. 200532100005
and FRN No. 0008867731. Payment by overnight mail may be
sent to Bank One/LB 73482, 525 West Monroe, 8th Floor
Mailroom, Chicago, Illinois 60661. Payment by wire transfer
may be made to ABA Number 071000013, receiving bank ``Bank
One,'' account number 1165259.
7. The Bureau agrees that it will not institute, on
its own motion, any new proceeding, formal or informal, or
take any action on its own motion against RW Shop or Mayer
for any alleged unauthorized operation of a unicom station
on frequency 123.05 MHz at Pepperell Airport prior to the
Effective Date of this Consent Decree except as consistent
with this Consent Decree. The Bureau also agrees, that, in
the absence of material new evidence related to this matter,
it will not use the facts developed in this proceeding
through the Effective Date of this Consent Decree or the
existence of this Consent Decree to institute on its own
motion, any proceeding, formal or informal, or take any
action against RW Shop or Mayer with respect to its basic
qualifications, including its character qualifications to be
a Commission licensee. Nothing in this Consent Decree shall
prevent the Bureau from instituting new investigations or
enforcement proceedings against RW Shop or Mayer in the
event of any alleged future misconduct that violates this
Consent Decree or that violates any provision of the Act and
the Rules.
8. RW Shop and Mayer waive any and all rights they
may have to seek administrative or judicial reconsideration,
review, appeal or stay, or to otherwise challenge or contest
the validity of this Consent Decree and the Order adopting
this Consent Decree, provided that the Bureau issues an
Order adopting the Consent Decree without change, addition,
or modification.
9. RW Shop and Mayer agree to waive any claims it may
otherwise have under the Equal Access to Justice Act, Title
5 U.S.C. § 504 and 47 C.F.R. § 1.1501 et seq., relating to
the matters discussed in this Consent Decree.
10. The Parties agree that in the event that this
Consent Decree is rendered invalid by any court of competent
jurisdiction, the Consent Decree shall become null and void
and may not be used in any manner in any legal proceeding.
11. If either party (or the United States on
behalf of the Commission) brings a judicial action to
enforce the terms of the Adopting Order, neither RW Shop,
Mayer nor the Bureau shall contest the validity of the
Consent Decree or Adopting Order and RW Shop and Mayer will
waive any statutory right to a trial de novo.
12. The Parties agree that this Consent Decree
does not constitute an adjudication on the merits or a
factual or legal determination regarding any compliance or
noncompliance with the Act or the Rules. The Parties
further agree that this Consent Decree is for settlement
purposes only and that by agreeing to this Consent Decree,
RW Shop and Mayer do not admit or deny any liability for
violating the Act or the Rules in connection with the
matters that are the subject of this Consent Decree.
13. RW Shop and Mayer agree that any violation of
the Consent Decree or the Adopting Order will constitute a
separate violation of a Commission order, entitling the
Commission to exercise any right and remedies attendant to
the enforcement of a Commission order.
14. The Parties agree that the terms and conditions of
this Consent Decree shall remain in effect through the
timely renewal of the present license for unicom station
WQA1961 at the Pepperell Airport or, if earlier, the date on
which RW Shop and/or Donald Mayer no longer hold any
interest in an FCC license for a unicom station at the
Pepperell Airport in Pepperell, Massachusetts.
15. This Consent Decree may be signed in
counterparts.
For the Enforcement Bureau:
_______________________
David H. Solomon
Chief, Enforcement Bureau
For RW Shop and Donald Mayer:
________________________
William H. Crispin
Their Attorney
_________________________
1 47 U.S.C. § 301.
2 47 C.F.R. § 87.18(a).
3 47 U.S.C. § 4(i).
4 47 C.F.R. §§ 0.111, 0.311.
5 47 U.S.C. § 301.
6 47 C.F.R. § 87.18(a).
7 Pepperell Airport, 19 FCC Rcd 9939 (WTB, Public Safety &
Critical Infrastructure Div., 2004). Donald Mayer is the
manager of Pepperell Airport. He is also a partner in a
partnership that leases the land and airport facilities and
operates a parachute jumping business at Pepperell Airport.
Mr. Mayer's partnership is the current licensee of WQA1961
under the name Pepperell Airport.