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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                                               
                                   )        File No.: EB-06-LA-283  
     Mobile Relay Associates                                        
                                   )   NAL/Acct. No.: 200732900006  
     Licensee of Station WPPF233                                    
                                   )               FRN: 0001532027  
     La Crescenta, CA                                               
                                   )                                
                                                                    
                                   )                                


                                FORFEITURE ORDER

   Adopted: September 25, 2007     Released:  September 27, 2007

   By the Regional Director, Western Region, 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  Mobile
       Relay Associates ("MRA"), licensee of Private Land Mobile Radio
       Services station WPPF233, in La Crescenta, California, for willful and
       repeated violation of Section 1.903(a)  of the Commission's Rules
       ("Rules").   On March 1, 2007, the Enforcement Bureau's Los Angeles
       Office issued a Notice of Apparent Liability for Forfeiture ("NAL") in
       the amount of $4,000 to MRA after determining that MRA was operating
       WPF233 with an effective radiated power ("ERP") above the limit stated
       on the license, thereby, failing to use and operate the station only
       in accordance with the rules.   In this Order, we consider MRA's
       arguments that its overpower operation was inadvertent, that it took
       action to bring the station into compliance immediately after the Los
       Angeles Office's inspection, and that it has a history of compliance
       with the Commission's Rules.

   II. BACKGROUND

    2. On October 3, 2006, the Enforcement Bureau's Los Angeles Office
       received a complaint of interference from a licensee operating on the
       frequency 150.875 MHz in the Los Angeles, California, area. The
       complainant stated that a signal on 150.8825 MHz was the source of the
       interference.

    3. The Commission's Universal Licensing System database lists MRA as the
       only entity authorized to operate on 150.8825 MHz in Los Angeles
       County. The license, under call sign WPPF233, authorized a base
       station on Mt. Lukens, La Crescenta, California, to operate with an
       ERP of 9 watts.

    4. On October 11, 2006, a Los Angeles agent monitored the signal on
       150.8825 MHz from the Los Angeles Office and measured the signal level
       on the frequency as -57 dBm.

    5. On October 16, 2006, the agent again monitored the signal on 150.8825
       MHz from the Los Angeles Office and measured the signal level as -57
       dBm. Later on that day, the Los Angeles agent, using a mobile
       direction finding vehicle, located the source of the signal on
       150.8825 MHz emanating from Mt. Lukens. The agent then contacted MRA.
       The agent informed an MRA representative that an interference
       complaint had been received, and that WPPF233's station on Mt. Lukens
       on 150.8825 MHz was allegedly the source of the interference. The
       agent informed the MRA representative that the station license limited
       the ERP to 9 watts.

    6. On October 17, 2006, Los Angeles agents again monitored the signal on
       150.8825 MHz from the Los Angeles Office and measured the signal level
       as -57 dBm. The agents then met an MRA representative on Mt. Lukens
       and inspected WPPF233's station on 150.8825 MHz. The agents again
       measured the signal and calculated WPPF233's ERP to be 184 watts.
       During the inspection, the MRA representative reduced the ERP to 15
       watts, and informed the agents that the transmitter's power could not
       be lowered any further. The MRA representative informed the agents
       that in the near future, an attenuator would be installed to reduce
       the ERP to 9 watts. Over-the-air measurements on the 150.8825 MHz
       taken by Los Angeles agents at the Los Angeles Office corroborated the
       drop in ERP after the inspection on October 17, 2006, with the
       150.8825 MHz signal measured at -67 dBm.

    7. On October 25, 2006, an MRA representative called the Los Angeles
       Office and stated that the attenuator had been installed, and that the
       station was operating with 9 watts ERP. Over-the-air measurements on
       150.8825 MHz taken by Los Angeles agents at the Los Angeles Office
       corroborated the further drop in ERP on October 25, 2006, resulting in
       a signal level of- 70 dBm on 150.8825 MHz.

    8. On March 1, 2007, the Los Angeles Office issued a NAL in the amount of
       $4,000 to MRA. In the NAL, the Los Angeles Office found that MRA
       apparently willfully and repeatedly violated Section 1.903(a) of the
       Rules by operating WPPF233 with an effective radiated power ("ERP")
       above the limit stated on the license, thereby, failing to use and
       operate the station only in accordance with the rules. MRA filed a
       response to the NAL on April 2, 2007 ("Response"). In its Response,
       MRA argues that its overpower operation was inadvertent, that it took
       action to bring the station into compliance immediately after the Los
       Angeles Office's inspection, and that it has a history of compliance
       with the Commission's Rules.

   III.  DISCUSSION

    9. 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
       MRA'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 require.

   10. Section 1.903(a) of the Rules states "[s]tations in the Wireless Radio
       Services must be used and operated only in accordance with the rules
       applicable to their particular service as set forth in this title and
       with a valid authorization granted by the Commission under the
       provisions of this part..." The WPPF233 license limits the ERP on
       150.8825 MHz to 9 watts. On October 11, 2006, October 16, 2006, and
       October 17, 2006, Los Angeles agents measured the WPPF233 signal level
       as -57 dBm. During the inspection of WPPF233 on October 17, 2006, the
       agents calculated that this signal level was equivalent to the station
       operating with 184 watts, a power much greater than the limit listed
       on the WPPF233 license. After the inspection, MRA continued to operate
       WPPF233 at 15 watts (pending the installation of an attenuator).

   11. In its Response, MRA does not dispute the measurements made by the Los
       Angeles agents, nor does MRA dispute the Los Angeles Office's finding
       that the overpower operation of WPPF233 continued for several days.
       MRA states that when it was constructing station WPPF233, it
       inadvertently selected the wrong equipment from its inventory and had
       "MRA realized at that time what particular equipment was being
       installed for station WPPF233, MRA would have selected different
       equipment that operates at 9 watts ERP." Further, MRA argues that it
       fully cooperated with the Los Angeles agents regarding the inspection
       of the station and took immediate action to lower the station's
       transmitter power without being asked to do so, once it was made aware
       that the station was operating on the wrong ERP. We find that neither
       MRA's inadvertent selection of equipment nor its cooperation with the
       Los Angeles Office mitigate its liability in this case. Licensees are
       required to comply with the terms of their licenses, and are expected
       to correct errors when they are brought to the licensee's attention.

   12. MRA also argues that when it reduced its ERP to 15 watts, it
       eliminated the co-channel interference, and "had that not been the
       case and had MRA known that the FCC considered the delay to be of any
       concern whatsoever MRA would have taken the station dark on October
       17, 2007, and returned that same day with the attenuator." We find no
       merit to this argument. It is well established that absence of public
       harm is not considered a mitigating factor of a rule violation.
       Consequently, the fact that WPPF233 ceased to cause interference after
       it reduced its ERP to 15 watts is irrelevant, as MRA continued to
       operate the station above the 9 watt ERP authorized on the WPPF233
       license. The NAL issued by the Los Angeles Office found that MRA
       apparently violated Section 1.903(a) of the Rules because MRA operated
       at an ERP above the limit stated on its license. MRA was not found
       apparently liable for causing interference. Once MRA was alerted that
       it was operating WPPF233 at an unauthorized ERP, because of an
       investigation and inspection by the Los Angeles agents, MRA was
       expected to correct its violation. MRA's authorization for WPPF233
       limited operation of that station to nine watts ERP, yet MRA installed
       and operated equipment incapable of operating at less than 15 watts,
       and then failed to immediately correct this violation once informed of
       the violation by the Los Angeles agents. Therefore, because it failed
       to do so, we find that its violation of Section 1.903(a) was willful.

   13. MRA also argues that the proposed forfeiture amount should be reduced
       because it has a history of compliance with the Commission's Rules. We
       have reviewed our records and we agree. Consequently, we reduce the
       forfeiture amount from $4,000 to $3,200.

   14. 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 MRA willfully
       and repeatedly violated Section 1.903(a) of the Rules. Considering the
       entire record and the factors listed above, we find that reduction of
       the proposed forfeiture to $3,200 is warranted.

   IV. ORDERING CLAUSES

   15. 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, Mobile Relay
       Associates  IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       $3,200 for willfully and repeatedly violating Section 1.903(a) of the
       Rules.

   16. 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.

   17. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Mobile Relay
       Associates, at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

   47 C.F.R. S: 1.907 defines ERP as the product of the power supplied to the
   antenna multiplied by the gain of the antenna referenced to an isotropic
   antenna.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732900006
   (Enf. Bur., Western Region, Los Angeles Office, released March 1, 2007).

   The MRA representative informed the agents that the gain of the station's
   antenna was 5 dB, and the cable loss was 1 dB. These numbers, along with
   the transmitter power output reading observed by the agent's wattmeter,
   were used in the calculation of the ERP.

   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)(E).

   47 C.F.R. S: 1.903(a).

   The Commission has consistently held that a licensee is expected to
   correct errors when they are brought to the licensee's attention and that
   such correction is not grounds for a downward adjustment in the
   forfeiture. AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76
   (2002).

   Lockheed Martin Corporation, 22 FCC Rcd 4116, 4118 (EB 2007).

   MRA also argues that it actually corrected the violation on October 18,
   2006, and would have informed the Los Angeles Office of this fact if MRA
   had been instructed to do so. While we accept MRA's statement that it
   corrected the violation on October 18, 2006, we find that MRA's violation
   was repeated because Los Angeles agents measured the WPPF233 ERP at levels
   greater than its authorization on several days prior to October 17, 2006.

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4), 1.903(a).

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 07-4027

   1

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   Federal Communications Commission DA 07-4027