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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                               
                                                              
     In the Matter of         )   File No. EB-08-SE-154          
                                                              
     Mathews Readymix LLC     )   NAL/Acct. No. 200832100076  
                                                              
     Marysville, California   )   FRN # 0017497967            
                                                              
                              )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: August 26, 2008 Released: August 28, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Mathews
       Readymix, LLC ("Mathews Readymix"), former licensee of Private Land
       Mobile Radio Service ("PLMRS") station KNAS290, apparently liable for
       a forfeiture in the amount of six thousand two hundred dollars
       ($6,200) for operating a PLMRS station without Commission authority
       and for failing to file a timely renewal application for the station.
       Mathews Readymix 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. On October 25, 1996, Mathews Readymix's application to renew its
       license for station KNAS290 was granted with an expiration date of
       January 21, 2002. On February 28, 2008, Mathews Readymix filed with
       the Wireless Telecommunications Bureau ("WTB") a request for Special
       Temporary Authority ("STA") to operate KNAS290. On March 12, 2008, WTB
       granted Mathews Readymix's STA request under call sign WQIL765.

    3. Because it appeared that Mathews Readymix may have operated KNAS290
       after the expiration of its license, WTB referred this case to the
       Enforcement Bureau for investigation and possible enforcement action.
       On July 7, 2008, the Enforcement Bureau's Spectrum Enforcement
       Division issued a letter of inquiry ("LOI") to Mathews Readymix.

    4. In its August 6, 2008 response to the LOI, Mathews Readymix stated
       that it first became aware of the expiration of its license for
       station KNAS290 in February 2008. Mathews Readymix explained that its
       failure to file a timely license renewal application for station
       KNAS290 was unintentional, and that there had been "several management
       changes between 2002 and 2008, which undoubtedly contributed to this
       gap in compliance." Upon discovering the expiration of its license,
       Mathews Readymix immediately began the process to renew the expired
       license. It stated that it needs the radios as an "important safety
       tool" for its business and that it will put in place at the beginning
       of each year, a review system to check on the expiration date of its
       new license. Mathews Readymix admitted that it operated the station
       beyond the license expiration date without Commission authorization.
       Specifically, Mathews Readymix stated that it continuously operated
       station KNAS290 from the expiration of its license on January 21, 2002
       until the grant of STA to operate under call sign WQIL765 on March 12,
       2008, a period of six years.

   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, Mathews Readymix was required to maintain
       its authorization in order to operate its PLMRS station. Mathews
       Readymix admitted that it operated the PLMRS station without
       Commission authority from the station's license expiration date of
       January 21, 2002 until March 12, 2008. By operating its PLMRS station
       for approximately six years without Commission authorization, Mathews
       Readymix apparently violated Section 301 of the Act and Section
       1.903(a) of the rules. Mathews Readymix also acted in apparent
       violation of Section 1.949(a) of the rules by failing to file a timely
       renewal application for the station.

    7. 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 Mathews Readymix's violations of Section
       301 of the Act and Sections 1.903(a) and 1.949(a) of the rules were
       willful and repeated.

    8. In determining the appropriate forfeiture amount, Section 503(b)(2)(E)
       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 propose a total forfeiture of $7,500.

    9. Section 1.80(b) of the rules sets a base forfeiture amount of ten
       thousand dollars ($10,000) for operation of a station without
       Commission authority and three thousand dollars ($3,000) for failure
       to file required forms or information. The Commission has held that 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 Mathews Readymix's separate violations.

   10. We propose a forfeiture amount of six thousand dollars ($6,000) for
       Mathews Readymix's continued operation of its PLMRS station after the
       expiration of its license on January 21, 2002. In proposing a $6,000
       forfeiture for the station'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. Consistent with recent precedent, the
       proposed $6,000 forfeiture takes into account that Mathews Readymix's
       unauthorized operations spanned six years from the license's
       expiration date. In addition, we propose a $1,500 forfeiture for
       Mathews Readymix's failure to file the renewal application for station
       KNAS290 within the time period specified in Section 1.949(a) of the
       Rules. Thus, we propose an aggregate forfeiture of $7,500.

   11. We find, however, that a downward adjustment of this proposed
       forfeiture amount to $6,200 is warranted because Mathews Readymix made
       voluntary disclosures to Commission staff immediately upon learning of
       its violations -- after learning of its violations, but prior to any
       Commission inquiry or initiation of enforcement action. We do not
       find, however, that Mathews Readymix's lack of awareness presents a
       mitigating factor warranting a further downward adjustment. As a
       Commission licensee, Mathews Readymix is charged with the
       responsibility for knowing and complying with the terms of its
       authorizations, the Act and the Rules, including the requirement to
       timely renew the authorizations and maintain operating authority for
       its PLMRS station.

   IV. ORDERING CLAUSES

   12. 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,
       Mathews Readymix LLC IS hereby NOTIFIED of its APPARENT LIABILITY FOR
       A FORFEITURE in the amount of six thousand, two hundred dollars
       ($6,200) for the willful and repeated violation of Section 301 of the
       Act and Sections 1.903(a) and 1.949(a) of the rules.

   13. 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, Mathews Readymix LLC SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

   14. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to: Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554. Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures.  Mathews Readymix  will also send
       electronic notification on the date said payment is made to Katherine
       Power at Katherine.Power@fcc.gov and to Ricardo Durham at
       Ricardo.Durham@fcc.gov.

   15. 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.

   16. 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.

   17. 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 Robert Kynaston, Mathews Readymix LLC, P.
       O. Box 749, Marysville, California 95901.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

   47 U.S.C. S: 301.

   47 C.F.R. S:S: 1.903(a) and 1.949(a).

   See File No. 0003340786. The STA was granted for a six-month period which
   expires September 8, 2008 without prejudice to possible enforcement action
   for unauthorized operation.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Bob Kynaston,
   Mathews Readymix LLC (July 7, 2008).

   See Letter from Robert Knyaston, VP Finance, Mathews Readymix LLC, to
   Katherine Power, Attorney, Spectrum Enforcement Division, Enforcement
   Bureau, Federal Communications Commission (August 1, 2008) ("Response").
   The Response includes the declaration of Mr. Knyaston.

   Id. at 1.

   Id.

   Id.

   Id.

   Id.

   Id.

   47 U.S.C. S: 301; 47 C.F.R. S: 1.903(a).

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

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

   Response at 1.

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

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

   See Southern California Broadcasting Co., Memorandum Opinion and Order, 6
   FCC Rcd 4387 (1991), recon. denied, 7 FCC Rcd 3454 (1992).

   47 U.S.C. S: 503(b)(2)(E). 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, Report
   and Order, 12 FCC Rcd 17087, 17110 (1997), recon. denied, 15 FCC Rcd 303
   (1999).

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

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

   Section 503(b)(6) of the Act, 47 U.S.C. S: 503(b)(6), prohibits the
   assessment of a forfeiture for violations that occurred more than a year
   prior to the NAL, but does not bar us from taking into account the
   continuous nature of violations in determining the appropriate enforcement
   action and/or forfeiture amount. See, e.g., Globcom, Inc. d/b/a Globcom
   Global Communications, Notice of Apparent Liability for Forfeiture and
   Order, 18 FCC Rcd 19893, 19903 (2003), forfeiture ordered, 21 FCC Rcd 4710
   (2006); Roadrunner Transportation, Inc., Forfeiture Order, 15 FCC Rcd
   9669, 9671-72 (2000); Cate Communications Corp., Memorandum Opinion and
   Order, 60 RR 2d 1386, 1388 (1986); Eastern Broadcasting Corp., Memorandum
   Opinion and Order, 10 FCC 2d 37, 37-38 (1967), recon. denied, 11 FCC 2d
   193, 195 (1967).

   See Discussion Radio, 19 FCC Rcd at 7438; see also Ted Sakaida & Son,
   Inc., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 9962, 9965
   (Enf. Bur., Spectrum Enf. Div. 2007), forfeiture ordered, 22 FCC Rcd 21844
   (2007); Imperial Sugar Company, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 4987 (Enf. Bur., Spectrum Enf. Div. 2007),
   forfeiture ordered, 22 FCC Rcd 17346 (Enf. Bur., Spectrum Enf. Div. 2007)
   ("Imperial Sugar").

   See Mitchell Electric Membership Cooperative, Notice of Proposed Liability
   for Forfeiture, 22 FCC Rcd 5538, 5541-52 (Enf. Bur., Spectrum Enf. Div.
   2007) (forfeiture paid) (proposing forfeiture of $6,000 for unauthorized
   operation of a PLMRS station for almost five years); Shared Data Networks,
   LLC, Notice of Proposed Liability for Forfeiture, 20 FCC Rcd 18184,
   18186-18187 (Enf. Bur., Spectrum Enf. Div. 2005) (forfeiture paid)
   (proposing an $18,000 forfeiture ($6,000 per earth station) for
   unauthorized operation of earth station over a period of 5 years).

   See Discussion Radio, 19 FCC Rcd at 7437-38 (proposing a $1,500 forfeiture
   for failure to file a timely renewal); see also Hare Planting Co., Inc.,
   Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 13517, 13519 (Enf.
   Bur., Spectrum Enf. Div. 2006) (proposing a $1,500 forfeiture for failure
   to file a timely renewal application), forfeiture ordered, 22 FCC Rcd 7530
   (Enf. Bur., Spectrum Enf. Div. 2007); Imperial Sugar, 22 FCC Rcd at 4988
   (proposing a $1,500 forfeiture for failure to file timely renewal
   application for PLMRS station).

   See, e.g., Radio One Licenses, Inc., 18 FCC Rcd 15964, 15965 P: 4 (2003),
   recon. denied, 18 FCC Rcd 25481 (2003); Emery Telephone, 13 FCC Rcd 23854,
   23858 (1998), recon. denied , 15 FCC Rcd 7181 (1999); Petracom of
   Texarkana, LLC, 19 FCC Rcd 8096, 8097-98 P:P: 5-6 (Enf. Bur. 2004);
   American Family Association, 17 FCC Rcd 181135, 18137 (Enf. Bur. 2002),
   recon. denied, 18 FCC Rcd 2413 (Enf. Bur. 2003); but see American Paging,
   Inc., 12 FCC Rcd 10417, 10420 (WTB, Enf. and Consumer Info. Div., 1997)
   (finding that the mitigating effect of voluntary disclosure was abrogated
   by the licensee's delay).

   See Discussion Radio, 19 FCC Rcd 7433, 7437 (2004); William S. Mills, 15
   FCC Rcd 20071, 20072 (Enf. Bur. 2000); see also Peacock's Radio and Wild's
   Computer Service, Inc., 16 FCC Rcd 15016, 15017 (2001).

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

   47 C.F.R. S:S: 0.111, 0.311 and 1.80.

   47 C.F.R. S: 1.80.

   Federal Communications Commission DA 08-1969

   2

   Federal Communications Commission DA 08-1969