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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 No. 00014329353

   )

   FORFEITURE ORDER

   Adopted: April 23,  2007 Released: April 25, 2007

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I.  INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of five thousand two hundred dollars ($5,200) against Hare
       Planting Co., Inc. ("Hare Planting") for willful and repeated
       violations of Section 301 of the Communications Act of 1934 ("Act"),
       as amended, and Sections 1.903(a) and 1.949(a) of the Commission's
       Rules ("Rules"). The noted violations involve operating a Private Land
       Mobile Radio Service ("PLMRS") station without Commission authority
       and failing to file a timely renewal application for the station.

   II. BACKGROUND

    2. 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 on the specified expiration date. In response to a letter
       of inquiry from the Enforcement Bureau's Spectrum Enforcement Division
       ("Division"), Hare Planting admitted that it continued to operate the
       PLMRS station, WNQC202, after the license expired on August 14, 2004
       and until a Special Temporary Authority was granted on December 1,
       2005.

    3. On November 22, 2006, the Division released a Notice of Apparent
       Liability for Forfeiture ("NAL") finding that Hare Planting operated
       PLMRS station WNQC202 without Commission authority after its
       expiration on August 14, 2004 and failed to file a timely renewal
       application for the station by the date of expiration. The NAL
       proposed a $5,200 forfeiture based on Hare Planting's apparent willful
       and repeated violations of Section 301 of the Act and Sections
       1.903(a) and 1.949(a) of the Rules.

    4. In its December 26, 2006 response to the NAL, Hare Planting seeks to
       cancel or reduce the forfeiture amount, claiming that its failure to
       renew its license was "due to ignorance," and was "an oversight," and
       "not a premeditated act." Hare Planting also states that "[f]ifty-two
       hundred dollars is a lot of money to us."

   III.  DISCUSSION

    5. The forfeiture amount proposed 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. In assessing forfeitures,
       Section 503(b)(2)(E) of the Act requires that we 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 such other matters as justice may
       require.

    6. We have considered Hare Planting's response to the NAL in light of the
       above statutory factors, our Rules, and the Forfeiture Policy
       Statement. We conclude that Hare Planting willfully and repeatedly
       violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of
       the Rules and that no mitigating circumstances warrant further
       reduction of the proposed forfeiture amount. Specifically, Hare
       Planting, in its response to our NAL, admits to committing the acts
       leading to the violations, asserting that such acts were due to an
       inadvertent oversight that its license had expired. The Commission has
       held that inadvertent error does not nullify or mitigate violations of
       the Act or the Rules. Further, although Hare Planting states that
       "[f]ifty-two hundred dollars is a lot of money to us," this statement
       alone is not sufficient to demonstrate an inability to pay. Hare
       Planting has provided no specific financial information or evidence of
       financial hardship and, therefore, we are unable to determine whether
       a reduction based on inability to pay is warranted in this instance.

   IV.  ORDERING CLAUSES

    7. 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 Commission's
       Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the
       amount of five thousand two hundred dollars ($5,200) for violation of
       Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the
       Rules.

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

    9.  IT IS FURTHER ORDERED that a copy of this Order shall be sent by
       First Class Mail and Certified Mail Return Receipt Requested to Marvin
       B. Hare, Jr., President, Hare Planting Co., Inc. at 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).

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

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

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

   Hare Planting Co., Inc., Notice of Apparent Liability for Forfeiture, 21
   FCC Rcd 13517(Enf. Bur., Spectrum Enf. Div., 2006).

   See Letter from Marvin Hare, Jr. to Office of the Secretary, Federal
   Communications Commission (December 26, 2006) ("NAL Response").

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

   47 C.F.R. S 1.80.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

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

   NAL Response at 1.

   See Southern California Broadcasting Co., Memorandum Opinion and Order, 6
   FCC Rcd 4387, 4387 (1991), recon. denied, 7 FCC Rcd 3454 (1992) ("stating
   that inadvertence ... is at best, ignorance of the law, which the
   Commission does not consider a mitigating circumstance").

   NAL Response at 1.

   The NAL sets forth the Commission's requirements and the financial
   documentation to be submitted when a petitioner seeks reduction or
   cancellation of forfeiture based on a claim of inability to pay. See 21
   FCC Rcd at 13521.

   47 U.S.C. S 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.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 07-1812

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   Federal Communications Commission DA 07-