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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of              File Number: EB-05-SD-010  
     Uniradio Corporation        NAL/Acct. No.: 200532940013  
     San Diego, California                   FRN: 0010621829  

                                FORFEITURE ORDER

   Adopted: September  8, 2006 Released:  September 12, 2006

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Uniradio Corporation
       ("Uniradio") for willful and repeated violation of Section 301  of the
       Communications Act of 1934, as amended ("Act"). On September 28, 2005,
       the Enforcement Bureau's San Diego Office issued a Notice of Apparent
       Liability for Forfeiture ("NAL") in the amount of $10,000 to Uniradio
       after determining that Uniradio apparently willfully and repeatedly
       operated an unlicensed microwave radio station on microwave channels
       21225.0 MHz and 22464.75 MHz in San Diego, California. In this Order,
       we consider Uniradio's argument that Commission staff had assured
       cross-border microwave operators, and Uniradio, by association, that
       the Commission would not take enforcement action against them.


    2. On December 14, 2004, an agent from the Commission's San Diego Office
       was investigating allegations that companies in the San Ysidro area of
       San Diego were using unauthorized microwave radio stations to
       communicate with sister companies across the U.S. - Mexico border in
       Tijuana, Mexico. The agent monitored and measured the transmissions of
       a microwave radio station operated by Uniradio at an unattended
       transmitter site at 4630 Border Village Road, San Diego, California.
       The frequency measurement revealed that this microwave radio station
       was operating on microwave channel 21225.0 MHz.

    3. A review of the Commission's database revealed that Uniradio has no
       authorization to operate a point-to-point microwave radio station.
       However, a pending license application, filed by Uniradio on May 19,
       2004 and amended on September 29, 2004, for frequency 22464.75 MHz at
       the 4630 Border Village Road location was found.

    4. On January 25, 2005, the San Diego agent returned to the Uniradio site
       and found the microwave radio station operating on microwave channel
       21225.0 MHz. At this time, the agent conducted an inspection of the
       radio station with the building management. The information provided
       by the building management and others confirmed that this transmitter
       was operated by Uniradio.

    5. On March 11, 2005, the San Diego Office sent a Letter of Inquiry
       ("LOI") to Uniradio concerning its operation on an unauthorized
       frequency of 21225.0 MHz, in violation of Section 301 of the Act. On
       March 23, 2005, an agent of the Commission's San Diego Office returned
       to the Uniradio site at 4630 Border Village Road and found that the
       station was operating on microwave channel 22464.75 MHz. The San Diego
       Office received a reply to the LOI on April 19, 2005. In its reply,
       Uniradio stated that it "never had or applied for an authorization or
       license to transmit in the U.S. at the 21225 MHz frequency" and that
       it began operating the station on 21225 MHz in May 2004. It
       acknowledged that it had a pending application to use 22464.75 MHz.
       Uniradio indicated that the equipment company that installed the radio
       transmitter had inadvertently switched the receiver and transmitter
       frequencies as the station should be operating on 22464.75 MHz.
       Finally, Uniradio stated that it had applied to the FCC for a special
       temporary authority and that it had corrected the transmitter
       frequency error.

    6. Agents confirmed that Uniradio did apply for a special temporary
       authority on March 22, 2005. The pending Uniradio application for a
       Private Operational Fixed Point-to-Point Microwave radio station on
       22464.75 MHz, located at 4630 Border Village Road, San Diego,
       California, was granted on May 18, 2005 under call sign WQCT284.

    7. On September 28, 2005, the San Diego Office issued a NAL in the amount
       of $10,000 to Uniradio. In the NAL, the San Diego Office found that
       Uniradio apparently willfully and repeatedly violated Section 301  of
       the Act by operating an unlicensed microwave radio station on
       microwave channels 21225.0 MHz and 22464.75 MHz in San Diego,
       California. Uniradio filed a response to the NAL on October 28, 2005
       ("Response"). In this Response, Uniradio argues that other potential
       cross border microwave operators had been assured by staff from the
       Commission's International Bureau, in 2001, that the International
       Bureau would no longer grant special temporary authority ("STA") to
       cross-border microwave operators, such as Uniradio, but that no
       enforcement action would be taken against these operators either.
       Uniradio argues that its operations in 2004 and 2005, which are the
       basis of the San Diego Office's NAL, were done in reliance on this
       advice and therefore the proposed forfeiture should be cancelled.
       Uniradio attaches affidavits from its counsel and consulting engineer
       detailing what they were told by International Bureau staff in 2001,
       along with an STA request filed by its counsel for another 23 GHz
       cross-border operator in 2001.


    8. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. In examining
       the 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 require.

    9. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. On December 14, 2004,
       January 25, 2005, and March 23, 2005, measurements made by San Diego
       agents revealed that Uniradio was operating a microwave radio station
       on microwave channels 21225.0 MHz and 22464.75 MHz. A review of
       Commission records indicated that Uniradio had no authorization to
       operate on 21225.0 MHz. The review also indicated that Uniradio had a
       pending application, but no authorization, to operate on 22464.75 MHz
       prior to May 18, 2005. On April 19, 2005, Uniradio acknowledged
       operating a microwave station on the frequencies of 21225.0 MHz and
       22464.75 MHz since May 2004. Uniradio also acknowledged that at that
       time it had no license, only pending applications, to operate such a

   10. In its Response, Uniradio does not claim that it held a valid
       authorization to operate its microwave station during the 2004 and
       2005 time period detailed in the NAL. Indeed, Uniradio does not deny
       operating repeatedly without a license. Uniradio also does not discuss
       its May 19, 2004 application. Instead, Uniradio argues that it should
       not be liable for a forfeiture because it was relying on oral advice
       given to its counsel by Commission staff in 2001, concerning other
       potential cross-border situated microwave operators. Uniradio also
       argues that the Commission should have issued a public notice
       announcing its intention to enforce Section 301 against cross-border
       operators in 2005 and by not doing so it placed Uniradio in a
       "Catch-22 situation by refusing for years to issue STAs or licenses
       for microwave links in the 23 GHz band and insisting that it would not
       undertake enforcement actions."

   11. The Commission has consistently held that applicants are responsible
       for compliance with the Commission's Rules and that they should not
       rely on informal oral opinions from Commission staff. Uniradio
       acknowledges in its Response that the advice its counsel received from
       Commission staff in 2001 was never put into writing. Moreover, we
       disagree that Uniradio, who commenced unlicensed 23 GHz operations in
       May of 2004, was placed in a "Catch-22" by the lack of a public notice
       announcing that the Commission would enforce Section 301 against
       unauthorized cross-border microwave operators.

   12. Assuming arguendo that Commission staff did advise Uniradio's counsel
       in 2001 that there would be no enforcement actions initiated by field
       offices regarding unlicensed cross-border 23 GHz systems in 2001, we
       agree with the San Diego Office's determination that Uniradio's
       reliance on this advice in 2004 and 2005 was misplaced. Uniradio
       argues that in 2001, and "[u]ntil 2005, the International Bureau's
       microwave licensing branch had steadfastly refused to grant
       applications seeking cross-border 23 GHz links because the licensing
       authority in Mexico was not then issuing authorizations for parallel
       links from Mexico to the U.S." A review of the Commission's database
       shows that Uniradio is mistaken. By January 2004, cross-border
       coordination and licensing by both the FCC and the Mexican Ministry of
       Communications and Transport ("SCT") was routinely occurring. Indeed,
       when Uniradio first filed an application for authority to operate in
       the 23 GHz band on May 19, 2004, to replace its prior T1 line
       transmissions, cross-border microwave licensing by the FCC was
       occurring. Therefore, Uniradio clearly understood that licensing was
       required for its cross-border operations in 2004 and 2005, the period
       during which the San Diego Office agents observed and questioned
       Uniradio's unauthorized operations. Consequently, we find no merit to
       Unirado's argument.

   13. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Uniradio
       willfully and repeatedly violated Section 301 of the Act. Considering
       the entire record and the factors listed above, we find that neither
       reduction nor cancellation of the proposed $10,000 forfeiture is


   14.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Uniradio Corporation
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for
       willfully and repeatedly violating Section 301 of the Act.

   15. 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission.  The payment must include the NAL/Acct. No.
       and FRN No. referenced above.  Payment by check or money order may be
       mailed to Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number 911-
       6106. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   16. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Uniradio
       Corporation, at its address of record, and its counsel of record,
       Frederick J. Day, Esquire.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 U.S.C. S 301.

   47 C.F.R. S 101.147(s).

   See File No. 0001742599.

   See File No. 0002094917.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200532940013
   (Enf. Bur., Western Region, San Diego Office, released September 28,

   47 C.F.R. S 101.147(s).

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

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

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

   47 U.S.C. S 301.

   Pursuant to Sections 101.31(b)(1) and 101.31 (b)(1)(v) of the Rules, 47
   C.F.R. SS 101.31(b)(1), 101.31(b)(1)(v), certain applicants for
   point-to-point microwave stations, not located within 56.3 kilometers of
   any international border, operating in certain frequency bands, are deemed
   to have conditional authority to operate their proposed stations during
   the pendency of their applications. The frequency proposed for use by
   Uniradio in its applications is not contained in these frequency bands.
   Also, Uniradio's proposed station is located approximately 0.64 km from
   the Mexican border.

   Texas Media Group, Inc. 5 FCC Rcd 2851, 2852 (1990) aff'd sub nom. Malkan
   FM Associates v. FCC, 935 F.2d 1313 (D.C. Cir. 1991).

   47 U.S.C. SS 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-1669



   Federal Communications Commission DA 06-1669