Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of File No. EB-06-SE-288
)
Doss Aviation Inc. NAL/Acct. No. 200732100030
)
Corpus Christi, Texas FRN: 0015068026
)
ORDER
Adopted: November 26, 2007 Released: November 28, 2007
By the Chief, Enforcement Bureau:
1. In this Order, we adopt the attached Consent Decree entered into
between the Enforcement Bureau ("Bureau") and Doss Aviation Inc.
("Doss"). The Consent Decree terminates the Bureau's enforcement
proceeding relating to Doss's compliance with the Section 301 of the
Communications Act of 1934, as amended ("Act"), and Sections 1.903 and
1.949(a) of the Commission's Rules ("Rules").
2. The Enforcement Bureau and Doss have negotiated the terms of a Consent
Decree that would resolve these matters and terminate the enforcement
proceeding. A copy of the Consent Decree is attached hereto and
incorporated by reference.
3. Based on the record before us, we conclude that no substantial or
material questions of fact exist with respect to this matter as to
whether Doss possesses the basic qualifications, including those
related to character, to hold or obtain any FCC license or
authorization.
4. After reviewing the terms of the Consent Decree, we find that the
public interest would be served by adopting the Consent Decree and
terminating the enforcement proceeding.
5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of
the Act, and the authority delegated by Sections 0.111 and 0.311 of
Rules, the Consent Decree attached to this Order IS ADOPTED.
6. IT IS FURTHER ORDERED that the above-captioned enforcement proceeding
IS TERMINATED.
7. IT IS FURTHER ORDERED that Doss shall make its voluntary contribution
to the United States Treasury, as specified in the Consent Decree, by
credit card through the Commission's Debt
and Credit Management Center at (202) 418-1995, or by mailing a check or
similar instrument, payable to the order of the Federal Communications
Commission, to the 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. The payment
should reference NAL/Acct. No. 200732100024 and FRN # 0002653921.
8. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
shall be sent by first class mail and certified mail, return receipt
requested, to Brenda K. Heinicke, Esq., 111 S. Tejon Street, Suite
202, Colorado Springs, Colorado 80903.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
CONSENT DECREE
I. INTRODUCTION
1. The Enforcement Bureau of the Federal Communications Commission
("Bureau") and Doss Aviation, Inc. ("Doss") hereby enter into this
Consent Decree for the purpose of terminating an Enforcement
Proceeding relating to Doss's compliance with 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"), regarding its
failure to file a timely renewal of license for its Private Land
Mobile Radio Service ("PLMRS") station, and the operation of the
station without authority after expiration of its license.
II. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions
shall apply:
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S:S:
151 et seq.
b. "Adopting Order" means the Bureau's order adopting the terms and
conditions of this Consent Decree.
c. "Bureau" means the Enforcement Bureau of the Commission.
d. "Commission" or "FCC" means the Federal Communications Commission.
e. "Doss" means Doss Aviation, Inc., its subsidiaries, affiliates and any
successors or assigns.
f. "Effective Date" means the date the Adopting Order is released by the
Bureau.
g. "Enforcement Proceeding" means the investigation of alleged violations
of Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the
Rules by Doss undertaken by the Bureau and culminating in the Notice
of Apparent Liability for Forfeiture.
h. "Notice of Apparent Liability for Forfeiture" or "NAL" means Doss
Aviation, Inc., 22 FCC Rcd 9039 (Enf. Bur., Spectrum Enf. Div. 2007).
i. "Parties" means Doss and the Bureau.
j. "Rules" means the Commission's Rules found in Title 47 of the Code of
Federal Regulations.
III. BACKGROUND
3. Doss was granted a PLMRS station license under call sign WPPZ915 on
April 11, 2000, with an expiration date of April 11, 2005. Doss failed
to file for renewal of the station's license and the license expired
on its own terms on April 11, 2005. On May 18, 2006, Doss filed a
request for Special Temporary Authority ("STA") to continue operating
its PLMRS station, which the Wireless Telecommunications Bureau
granted on May 19, 2006. On June 2, 2006, Doss filed an application
for a new PLMRS station license. The Wireless Telecommunications
Bureau granted Doss a new license under call sign WQFA992 on June 6,
2006. On May 15, 2007, the Enforcement Bureau's Spectrum Enforcement
Division released an NAL finding Doss apparently liable for a proposed
forfeiture in the amount of $5,200, for apparent violations of Section
301 of the Act and Sections 1.903(a) and 1.949(a) of the Rules.
IV. TERMS OF AGREEMENT
4. The Parties agree that this Consent Decree does not constitute an
adjudication on the merits, or any finding on the facts or law or
determination of any compliance or noncompliance by Doss with the
requirements of the Act or the Rules. The Parties further agree that
this Consent Decree is for settlement purposes only and that by
agreeing to this Consent Decree, Doss does not admit or deny any
noncompliance, violation, or liability associated with or arising from
its acts or omissions involving the Act or the Rules that are the
subject of this Consent Decree.
5. Doss acknowledges that the Bureau has jurisdiction over it and the
matters contained in this Consent Decree and the authority to enter
into and adopt this Consent Decree. Doss agrees to implement a
comprehensive Compliance Program to ensure compliance with the Act and
the Rules and policies of the Commission. The Compliance Program shall
require that Doss's license for operation of a radio transmitter in
the Private Land Mobile Radio Service shall be kept current and
maintained in good standing for the duration of Doss's use of PLMRS
frequencies in the course of its business operations. In an effort to
ensure that such violations do not recur, Doss has designated the
Office Manager at its corporate headquarters as the point of contact
for all matters related to the license. The Office Manager has put in
place computer software, Workplace Manager, that tracks all
occurrences and deadlines, as well as provides reminders of upcoming
deadlines. The renewal date for the license has been entered into
Workplace Manager. E-mail notifications will be sent to both the
Office Manager and the Contract Manager at the Corpus Christi site two
months, one month, and two weeks in advance of the renewal deadline.
In addition, the Office Manager will review all licensure deadlines
every six (6) months and ensure the appropriate deadlines and reminder
notifications are entered into Workplace Manager.
6. Doss agrees to make a voluntary contribution to the United States
Treasury in the amount of Four Thousand Two Hundred Dollars ($4,200)
within 30 calendar days after the Effective Date. This voluntary
payment does not constitute a fine or penalty for, or admission of, a
violation of any law. Such contribution shall be made by credit card
through the Commission's Debt and Credit Management Center at (202)
418-1995, or by mailing a check or similar instrument, payable to the
order of the Federal Communications Commission, to the 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. The payment should reference
NAL/Acct. No. 200732100030 and FRN # 0015068026.
7. In reliance upon the representations contained herein, and to avoid
further expenditure of scarce public resources, the Bureau agrees to
terminate the Enforcement Proceeding.
8. In consideration for the termination by the Bureau of the Enforcement
Proceeding and in accordance with the terms of this Consent Decree,
Doss agrees to the terms, conditions and procedures contained herein.
9. The Bureau agrees that in the absence of new material evidence, it
will not entertain, or institute on its own motion, any new
proceeding, formal or informal, or take any action on its own motion
against Doss for any alleged violations of the Act or the Rules
regarding the matters that were the subject of the Enforcement
Proceeding. The Bureau also agrees that, in the absence of new
material evidence, it will not initiate or recommend to the Commission
any new proceeding, formal or informal, against Doss
regarding the matters that were the subject of the Enforcement Proceeding.
The Bureau further agrees that, in the absence of new material evidence,
it will not use the facts developed in the Enforcement Proceeding through
the Effective Date to initiate on its own motion, or recommend to the
Commission any proceeding, formal or informal, or take any action on its
own motion against Doss with respect to its basic qualifications,
including its character qualifications, to hold Commission licensees or
authorizations. Nothing in this Consent Decree shall prevent the
Commission from instituting investigations or enforcement proceedings
against Doss in the event of any other alleged misconduct that violates
this Consent Decree or that violates any provision of the Act or the
Rules.
10. The Parties agree that each is required to comply with each individual
condition of this Consent Decree. Each specific condition is a
separate condition of the Consent Decree as approved. To the extent
that Doss fails to satisfy any condition, in the absence of Commission
alteration of the condition, it will be deemed noncompliant and may be
subject to possible future enforcement action with respect to such
failure to satisfy the condition.
11. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such
provisions by reference in the Adopting Order.
12. The Parties agree that this Consent Decree shall constitute a final
settlement between them regarding the matters that were the subject of
the Enforcement Proceeding. Doss waives any and all rights it may have
to seek administrative or judicial reconsideration, review, appeal or
stay, or to otherwise challenge or contest the validity of this
Consent Decree and the Adopting Order, provided the Adopting Order
adopts the Consent Decree without modification, change, or addition.
13. The Parties agree that the effectiveness of this Consent Decree is
expressly contingent upon the issuance of the Adopting Order, provided
the Adopting Order adopts the Consent Decree without change, addition
or modification.
14. The Parties agree that, in the event any court of competent
jurisdiction renders this Consent Decree invalid, the Consent Decree
shall become null and void and may not be used in any manner in any
legal proceeding.
15. The Parties agree that, if either party (or the United States on
behalf of the Commission) brings a judicial action to enforce the
terms of the Adopting Order neither Doss nor the Commission shall
contest the validity of the Consent Decree or the Adopting Order, and
Doss and the Commission shall waive any statutory right to a trial de
novo with respect to any matter upon which the Adopting Order is
based, and shall consent to a judgment incorporating the terms of this
Consent Decree. The Parties also agree that in the event this Consent
Decree is rendered invalid by any court of competent jurisdiction, it
shall become null and void and may not be used in any manner in any
legal proceeding.
16. Doss agrees to waive any claims it may otherwise have under the Equal
Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S:S: 1.1501 et
seq. relating to the matters addressed in this Consent Decree.
17. The Parties agree that this Consent Decree shall become binding on the
Parties on the Effective Date. Upon release, the Adopting Order and
this Consent Decree shall have the same force and effect as any other
final order of the Commission and any violation of the terms or
conditions of this Consent Decree shall constitute a violation of a
Commission order.
18. The Parties agree that the terms and conditions of this Consent Decree
shall remain in effect for a period of twenty-four (24) months from
the Effective Date.
19. This Consent Decree cannot be modified without the advance written
consent of both Parties.
20. This Consent Decree may be signed in counterparts.
For the Enforcement Bureau
By: __________________________ ____________
Kris Anne Monteith Date
Chief, Enforcement Bureau
Doss Aviation, Inc.
By: ______________________ ___________
Frank G. Hunter Date
Doss Aviation, Inc.
47 U.S.C. S: 301.
47 C.F.R.. S:S: 1.903 and 1.949(a).
47 U.S.C. S:S: 154(i) and 503(b).
47 C.F.R. S:S: 0.111 and 0.311.
47 U.S.C. S: 301.
47 C.F.R. S:S: 1.903(a) and 1.949(a).
Federal Communications Commission DA 07-4687
1
2
Federal Communications Commission DA 07-4687