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

In the Matter of                )
                                )       File No. EB-02-PA-301
Tekk Comm Communications        )    
Waterford, New Jersey           )       NAL/Acct.             No. 
                                )       FRN 0004-4496-41

                        FORFEITURE ORDER

     Adopted:  January 12, 2004              Released:    January 
14, 2004          

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary forfeiture in the amount  of three thousand two  hundred 
dollars ($3,200)  to  Tekk Comm  Communications,  LP  (``Tekk''), 
licensee of station WPPT607,  for willful and repeated  violation 
of  Section  1.903(a)  of  the  Commission's  Rules.1  The  noted 
violation involves Tekk Comm's operation of station WPPT607  from 
an unauthorized location.

     2.   On October  22,  2002,  the District  Director  of  the 
Commission's    Philadelphia,    Pennsylvania    Field     Office 
("Philadelphia Office") issued a Notice of Apparent Liability for 
Forfeiture ("NAL")2  in  the  amount  of  four  thousand  dollars 
($4,000) to Tekk.  Tekk filed a response on November 18, 2002.  

                         II.  BACKGROUND

     3.   On July  16, 2002,  while conducting  an audit  of  the 
          Private Land Mobile Radio Services in the 450 - 470 MHz 
          band, a Commission agent  from the Philadelphia  Office 
          detected transmissions on frequency 464.375 MHz in  the 
          Williamstown, New Jersey area.   A check of  Commission 
          databases  indicated  that   the  Commission  had   not 
          authorized that frequency for use in Williamstown,  New 

     4.   On August 15, 2002,  another Commission agent from  the 
Philadelphia  Office   used   direction-finding   techniques   to 
determine that radio transmitting equipment was being operated at 
1277 Sykes Lane,  Williamstown, New Jersey  on frequency  464.375 
MHz.  The agent monitored a short, pulse-type signal of less than 
one second  duration being  transmitted approximately  every  ten 
seconds.  The agent  also determined  that Tekk  had installed  a 
transmitter at  1277  Sykes  Lane, Williamstown,  New  Jersey  to 
provide additional radio communications capabilities on frequency 
464.375 MHz.  At the time, Tekk was authorized to operate station 
WPPT607 on frequency 464.375 MHz at RD5, Centerton, New Jersey.  
     5.   On  August  28,   2002,  the   agent  monitored   radio 
transmissions on frequency 464.375 MHz.  Using  direction-finding 
techniques,  the   agent  determined   that  radio   transmitting 
equipment was being  operated at 1277  Sykes Lane,  Williamstown, 
New Jersey on  frequency 464.375  MHz.  When he  arrived at  that 
location, the agent  encountered Gary Bendy,  President of  Tekk.  
Mr. Bendy  confirmed that  Tekk was  operating a  transmitter  on 
frequency 464.375 at 1277 Sykes Lane, Williamstown, New Jersey.

     6.   On October  22,  2002,  the District  Director  of  the 
Philadelphia Office  issued  a  NAL to  Tekk  for  willfully  and 
repeatedly violating Section 1.903(a) of the Rules.  On  November 
18, 2002,  Tekk responded  to  the NAL.   In its  response,  Tekk 
states that it moved station  WPPT607 from its properly  licensed 
site to  Williamstown, New  Jersey,  as a  test of  its  possible 
permanent relocation  to  enhance coverage.   Tekk  states  that, 
immediately after speaking to the Commission agent, it applied to 
Industrial  Telecommunications   Association  (``ITA'')   for   a 
frequency and received a file number from the FCC within a couple 
of days.  Tekk further states that its violation was not  willful 
and that it  has a  history of compliance  with the  Commission's 
rules.  Therefore, Tekk seeks reduction of the forfeiture.

                           III. DISCUSSION
          7.   The proposed  forfeiture amount  in this  case  is 
being  assessed  in  accordance   with  Section  503(b)  of   the 
Communications Act of 1934,  as amended (``Act''),3 Section  1.80 
of the Rules,4 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)  (``Forfeiture  Policy  Statement'').    In 
examining Tekk's  response, Section  503(b) of  the Act  requires 
that 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 

          8.   Section  1.903(a)  of  the  Rules  provides   that 
stations in the Wireless Radio Services must be used and operated 
only in accordance with the rules applicable to their  particular 
service and with a valid authorization granted by the Commission.  
On  August  15,  2002  and  August  28,  2002,  Tekk  operated  a 
transmitter on  its  authorized  frequency 464.375  MHz  from  an 
unauthorized location.         

          9.   We  have  examined  Tekk's  response  to  the  NAL 
pursuant to the statutory factors above, and in conjunction  with 
the Policy Statement.   As a  result of our  review, we  conclude 
that Tekk willfully6 and repeatedly7 violated Section 1.903(a) of 
the Rules.  Although  Tekk claims  that the  violations were  not 
willful, its  deliberate  act of  moving  station WPPT607  to  an 
unauthorized site, even  for test purposes,  was a conscious  and 
deliberate commission of an  act which violated Section  1.903(a) 
of the Rules.   Thus, its  violation was  willful.  Tekk  further 
claims to have  taken corrective measures  immediately after  the 
violation.  However,  we  note  that remedial  actions  taken  to 
correct the  violation,  while commendable,  are  not  mitigating 
factors.8  Finally Tekk  claims that this  is a first  violation, 
and thus, that it has a prior history of overall compliance  with 
the  Commission's  rules.   We  believe  that  reduction  of  the 
proposed monetary  forfeiture to  $3,200  for Tekk's  history  of 
overall compliance is warranted.

                      IV.  ORDERING CLAUSES

     10.  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,9  Tekk  Comm  Communications  IS  LIABLE  FOR  A  MONETARY 
FORFEITURE in the  amount of three  thousand two hundred  dollars 
($3,200) for willfully and repeatedly violating Section  1.903(a) 
of the Rules. 

     11.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules 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 shall 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  NAL/Acct. 
No.  200332400001,  and  FRN  0004-4496-41.   Requests  for  full 
payment under  an  installment plan  should  be sent  to:  Chief, 
Revenue and Receivables Group, 445 12th Street, S.W., Washington, 
D.C. 20554.11
     12.  IT IS FURTHER ORDERED that, a copy of this Order  shall 
be sent by Certified Mail  Return Receipt Requested and by  First 
Class Mail to Tekk Comm Communications, 6 Maiese Ave., Waterford, 
New Jersey 08322.


                         David H. Solomon
Chief, Enforcement Bureau


  1    47 C.F.R.  1.903.

  2   Notice of Apparent Liability for Forfeiture, NAL/Acct.  No. 
200332400001 (Enf. Bur.,  Philadelphia  Office, released  October 
22, 2002.

  3   47 U.S.C.  503(b).

  4   47 C.F.R.  1.80.

  5   47 U.S.C.  503(b)(2)(D).

  6    Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful', 
when used with  reference to  the commission or  omission of  any 
act, means the conscious and deliberate commission or omission of 
such act, irrespective of any intent to violate any provision  of 
this Act . . . .''   See Southern California Broadcasting Co.,  6 
FCC Rcd 4387-88 (1991).

  7     As  provided  by  47 U.S.C.    312(f)(2),  a  continuous 
violation is ``repeated'' if it continues for more than one  day.   
The  Conference  Report  for  Section  312(f)(2)  indicates  that 
Congress intended to apply this definition to Section 503 of  the 
Act as well as Section 312.  See H.R. Rep. 97th Cong. 2d Sess. 51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn 56 (2003). 

  8    See, e.g., AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 
21871 (2002);  Seawest  Yacht Brokers,  9  FCC Rcd  6099  (1994); 
Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

  9    47 C.F.R.  0.111, 0.311, 1.80(f)(4).

  10   47 U.S.C.  504(a).

  11   See 47 C.F.R.  1.1914.