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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                               
                                                               
     In the Matter of          )   File No. EB-06-SE-328       
                                                               
     Hare Planting Co., Inc.   )   NAL/Acct. No. 200732100003  
                                                               
     Newport, Arkansas         )   FRN # 0014329353            
                                                               
                               )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  November 20, 2006    Released:  November 22, 2006

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I.  introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Hare
       Planting Co., Inc. ("Hare Planting"), former licensee of Private Land
       Mobile Radio Service ("PLMRS") station WNQC202, in Newport, Arkansas,
       apparently liable for a forfeiture in the amount of five thousand two
       hundred dollars ($5,200) for operating a PLMRS station without
       Commission authority and for failing to file a timely renewal
       application for the station. Hare Planting acted in apparent willful
       and repeated violation of Section 301 of the Communications Act of
       1934, as amended, ("Act") and Sections 1.903(a) and 1.949(a) of the
       Commission's Rules ("Rules").

   II.  background

    2. Hare Planting was granted a PLMRS station license under call sign
       WNQC202 on May 28, 1999, with an expiration date of August 14, 2004.
       On November 29, 2005, Hare Planting filed a request for Special
       Temporary Authority ("STA") to continue operating its PLMRS station.
       The Wireless Telecommunications Bureau granted Hare Planting STA to
       continue operating the station under call sign WQDY686 on December 1,
       2005. The STA expired on May 30, 2006. On June 29, 2006, Hare Planting
       filed another STA request to continue operating its PLMRS station. The
       Wireless Telecommunications Bureau granted Hare Planting STA to
       continue operating the station under call sign WQFF365 on June 30,
       2006. On July 17, 2006, Hare Planting filed an application for a new
       PLMRS station license. The Wireless Telecommunications Bureau granted
       Hare Planting a new license under call sign WQFH745 on July 19, 2006.

    3. Because it appeared that Hare Planting may have operated the PLMRS
       station after the expiration of its license under call sign WNQC202,
       the Wireless Telecommunications Bureau referred this case to the
       Enforcement Bureau for investigation and possible enforcement action.
       On September 13, 2006, the Enforcement Bureau's Spectrum Enforcement
       Division issued a letter of inquiry ("LOI") to Hare Planting.

    4. In its September 21, 2006 response to the LOI, Hare Planting stated
       that it first became aware that its license under call sign WNQC202
       had expired on or about November 29, 2005. Citing "ignorance of the
       expiration date of the license" as the basis for its failure to timely
       renew its license, Hare Planting further stated that once it
       discovered the expiration of its license, it immediately filed a
       request for STA to continue operating the station. Hare Planting
       admitted that it continued to operate the station beyond the license
       expiration date without Commission authorization. Specifically, Hare
       Planting explained that between the period of August 14, 2004 and
       December 1, 2005, it continued operating the station in its farming
       business "until it was discovered the license had expired and an STA
       was in place."

   III.   discussion

    5. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
       use or operation of any apparatus for the transmission of energy or
       communications or signals by a wireless radio station except under,
       and in accordance with, a Commission granted authorization.
       Additionally, Section 1.949(a) of the Rules requires that licensees
       file renewal applications for wireless radio stations, "no later than
       the expiration date of the authorization for which renewal is sought,
       and no sooner than 90 days prior to expiration." Absent a timely filed
       renewal application, a wireless radio station license automatically
       terminates.

    6. As a Commission licensee, Hare Planting was required to maintain its
       authorization in order to operate its PLMRS station. Hare Planting
       admitted that it operated the PLMRS station without Commission
       authority from the station's license expiration date of August 14,
       2004, until November 29, 2005. By operating its PLMRS station for
       approximately 15 months without an instrument of authorization, Hare
       Planting apparently violated Section 301 of the Act and Section
       1.903(a) of the Rules. Hare Planting also acted in apparent violation
       of Section 1.949(a) of the Rules by failing to file a timely renewal
       application for the station.

    1. Section 503(b) of the Act, and Section 1.80(a) of the Rules, provide
       that any person who willfully or repeatedly fails to comply with the
       provisions of the Act or the Rules shall be liable for a forfeiture
       penalty. For purposes of Section 503(b) of the Act, the term "willful"
       means that the violator knew that it was taking the action in
       question, irrespective of any intent to violate the Commission's
       rules, and "repeatedly" means more than once. Based upon the record
       before us, it appears that Hare Planting's violations of Section 301
       of the Act and Sections 1.903(a) and 1.949(a) of the Rules were
       willful and repeated.

    2. In determining the appropriate forfeiture amount, Section 503(b)(2)(D)
       of the Act directs us to consider factors, such as "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 such other matters as justice may
       require." Having considered the statutory factors, as explained below,
       we find it appropriate to downwardly adjust the proposed aggregate
       forfeiture from $6,500 to $5,200 based upon Hare Planting's voluntary
       disclosure of its violations.

    3. Section 1.80(b) of the Rules sets a base forfeiture amount of three
       thousand dollars ($3,000) for failure to file required forms or
       information and ten thousand dollars ($10,000) for operation of a
       station without Commission authority. As the Commission recently held,
       a licensee's failure to timely file a renewal application and its
       continued operations without authorization constitute separate
       violations of the Act and the Rules and warrant the assessment of
       separate forfeitures. Accordingly, we herein propose separate
       forfeiture amounts for Hare Planting's separate violations.

    4. Consistent with precedent, we propose a $1,500 forfeiture for Hare
       Planting's failure to file the renewal application for its PLMRS
       station within the time period specified in Section 1.949(a) of the
       Rules. Additionally, we propose a $5,000 forfeiture for Hare
       Planting's continued operation of its PLMRS station after the
       expiration of its license on August 14, 2004. In proposing a $5,000
       forfeiture for Hare Planting's unauthorized operations, we recognize
       that the Commission considers a licensee who operates a station with
       an expired license in better stead than a pirate broadcaster who lacks
       prior authority, and thus downwardly adjust the $10,000 base
       forfeiture amount accordingly. Thus, we propose an aggregate
       forfeiture of $6,500.

    5. As a Commission licensee, Hare Planting is charged with the
       responsibility of knowing and complying with the terms of its
       authorization, the Act and the Rules, including the requirement to
       timely renew the authorization for its PLMRS station. We do find,
       however, that a downward adjustment of the proposed aggregate
       forfeiture from $6,500 to $5,200 is warranted because Hare Planting
       made voluntary disclosures to Commission staff and undertook
       corrective measures after learning of its violations, but prior to any
       Commission inquiry or initiation of enforcement action.

   IV.  ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to pursuant to Section
       503(b) of the Act and Sections 0.111, 0.311 and 1.80 of the Rules,
       Hare Planting IS hereby NOTIFIED of its APPARENT LIABILITY FOR A
       FORFEITURE in the amount of five thousand two hundred dollars ($5,200)
       for the willful and repeated violation of Section 301 of the Act and
       Sections 1.903(a) and 1.949(a) of the Rules.

    8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
       within thirty days of the release date of this Notice of Apparent
       Liability for Forfeiture, Hare Planting SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

    9. 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. A request for
       full payment under an installment plan should be sent to: Associate
       Managing Director-Financial Operations, 445 12^th Street, S.W., Room
       1-A625, Washington, D.C. 20554.

   10. The response, if any, must be mailed to the Office of the Secretary,
       Federal Communications Commission, 445 12th Street, S.W., Washington,
       D.C. 20554, ATTN: Enforcement Bureau - Spectrum Enforcement Division,
       and must include the NAL/Acct. No. referenced in the caption.

   11. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices; or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted.

   12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by first class mail and certified mail
       return receipt requested to Marvin B. Hare, Jr., President, Hare
       Planting Co., Inc., 2600 Highway 17 South, Newport, Arkansas 72112.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S 301.

   47 C.F.R. SS 1.903(a) and 1.949(a).

   STA File No. 002393814 (granted December 1, 2005). The Wireless
   Telecommunications Bureau granted the STA without prejudice to any future
   FCC enforcement action against the company in connection with unauthorized
   operation of its radio facilities.

   STA File No. 0002667650 (granted June 30, 2006). The Wireless
   Telecommunications Bureau granted the STA without prejudice to any future
   FCC enforcement action against the company in connection with unauthorized
   operation of its radio facilities.

   See License File No. 0002684736 (granted July 19, 2006).

   See Letter from Kathryn S. Berthot, Deputy Chief, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission to Marvin
   B. Hare, Jr., Hare Planting Co., Inc. (September 13, 2006).

   See Letter from Marvin Hare, Hare Planting Co., Inc. to Jacqueline
   Johnson, Spectrum Enforcement Division, Enforcement Bureau, Federal
   Communications Commission (September 21, 2006).

   Id. at 2.

   Id. at 2.

   Id. at 1.

   Id. at 2.

   Id. at 1-2.

   47 C.F.R. S 1.949(a).

   47 C.F.R. S 1.955(a)(1).

   It also appears from the record that Hare Planting operated the station
   without authorization between May 30, 2006, when its first STA expired,
   and June 29, 2006, when it filed its second STA request.

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

   47 C.F.R. S 1.80(a).

   See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991); see also
   WCS Communications, Inc., 13 FCC Rcd 6691 (WTB, Enf. and Consumer Info.
   Div., 1998) (finding that a licensee's inadvertent failure to file timely
   renewal applications constitutes a repeated violation that continues until
   the date the license is renewed).

   47 U.S.C. S 503(b)(2)(D). See also 47 C.F.R. S 1.80(b)(4), Note to
   paragraph (b)(4): Section II. Adjustment Criteria for Section 503
   Forfeitures; The Commission's Forfeiture Policy Statement and Amendment of
   Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC
   Rcd 17087, 17110 (1997), recon. denied (1999).

   47 C.F.R. 1.80(b).

   See Discussion Radio, Inc., 19 FCC Rcd 7433, 7438 (2004) (assessing
   proposed forfeitures of $5,000 and $1,500 against a broadcaster who both
   operated its station for 14 months without Commission authority and failed
   to timely file its renewal application) ("Discussion Radio").

   See Discussion Radio, 19 FCC Rcd at 7438 (proposing a $1,500 forfeiture
   for failure to file a timely renewal application for a broadcast station);
   see also Gilmore Broadcasting Corp., 21 FCC Rcd 6284, 6286-87 (Enf. Bur.,
   Spectrum Enf. Div., 2006) ("Gilmore"); Criswell College, 21 FCC Rcd 5106,
   5109 (Enf. Bur., Spectrum Enf. Div., 2006) ("Criswell"); National Weather
   Networks, Inc., 21 FCC Rcd 3922, 3925 (Enf. Bur., Spectrum Enf. Div.,
   2006) ("NWN"); Journal Broadcast Corporation, 20 FCC Rcd 18211, 18213
   (Enf. Bur., Spectrum Enf. Div., 2005) ("Journal Broadcast"); Shared Data
   Networks, LLC, 20 FCC Rcd 18184, 18187 (Enf. Bur., Spectrum Enf. Div.,
   2005) ("SDN").

   Under Section 503(b)(6) of the Act,  47 U.S.C. S 503(b)(6), we are
   prohibited from assessing a forfeiture for a violation that occurred more
   than a year before the issuance of a NAL. Section 503(b)(6), however, does
   not bar us from considering Hare Planting's prior conduct in determining
   the appropriate forfeiture amount for violations that occurred within the
   one-year statutory period. See Globcom, Inc. d/b/a Globcom Global
   Communications, 18 FCC Rcd 19893, 19903 P 23 (2003), forfeiture ordered,
   21 FCC Rcd 4710 (2006); Roadrunner Transportation, Inc., 15 FCC Rcd 9660,
   9671 P8 (2000); Cate Communications Corp., 60 RR 2d 1386, 1388 P 7 (1986);
   Eastern Broadcasting Corp., 10 FCC 2d 37, 37-38 P 3 (1967). Accordingly,
   while we take into account the continuous nature of the violations in
   determining the appropriate forfeiture amount, our proposed forfeiture
   relates only to Hare Planting's apparent violations that have occurred
   within the past year.

   See Discussion Radio, 19 FCC Rcd at 7438 (proposing a $5,000 forfeiture
   for operating a station for 14 months beyond the expiration of its
   license); see also Gilmore, 21 FCC Rcd at 6285; Criswell,  21 FCC Rcd at
   5109; NWN, 21 FCC Rcd at 3925; Journal Broadcast, 20 FCC Rcd at 18213;
   SDN, 20 FCC Rcd at 18187.

   See Discussion Radio, 19 FCC Rcd at 7437; see also Gilmore, 21 FCC Rcd at
   6286-87; Criswell,  21 FCC Rcd at 5109; NWN, 21 FCC Rcd at 3926; Journal
   Broadcast, 20 FCC Rcd at 18214; SDN, 20 FCC Rcd at 18187.

   See Petracom of Texarkana, LLC, 19 FCC Rcd 8096, 8097-8098 (Enf. Bur.
   2004); see also Gilmore, 21 FCC Rcd at 6286-87; Criswell,  21 FCC Rcd at
   5109; NWN, 21 FCC Rcd at 3926; Journal Broadcast, 20 FCC Rcd at 18214;
   SDN, 20 FCC Rcd at 18187.

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

   47 C.F.R. SS 0.111, 0.311 and 1.80.

   47 C.F.R. S 1.80.

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 06-2337

   2

   Federal Communications Commission DA 06-2337