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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                     )                               
     In the Matter of                                                
                                     )   File No. EB-07-SE-171       
     Richmond Association                                            
                                     )   NAL/Acct. No. 200832100010  
     d/b/a Hilltop Shopping Center                                   
                                     )   FRN # 0010638468            
     Richmond, California                                            
                                     )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: January 3, 2008 Released: January 7, 2008

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Richmond
       Association, d/b/a Hilltop Shopping Center ("Richmond"), former
       licensee of Industrial/Business Pool Radio Service Station WPOG498,
       apparently liable for a forfeiture in the amount of six thousand, five
       hundred dollars ($6,500) for operating the station without Commission
       authority and for failing to file a timely renewal application for the
       station. Richmond 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.

   II. background

    2. On October 25, 1999, the Wireless Telecommunications Bureau ("WTB")
       granted Richmond a license in the Industrial/Business Pool Radio
       Service under the call sign WPOG498, with an expiration date of
       October 25, 2004. Richmond did not file a renewal application, and the
       WTB cancelled the license for WPOG498 on December 25, 2004. On May 14,
       2007, Richmond filed with the WTB a request for Special Temporary
       Authority ("STA") to operate WPOG498, acknowledging in an attachment
       to the STA request its failure to renew the station's license prior to
       its expiration date. Subsequently, Richmond filed a license
       application for permanent authority to operate its station and the
       license was granted by the WTB on July 6, 2007, under the call sign
       WQHD555.

    3. Because it appeared that Richmond may have operated WPOG498 after the
       expiration of its license, the WTB referred this case to the
       Enforcement Bureau for possible enforcement action. On August 2, 2007,
       the Enforcement Bureau's Spectrum Enforcement Division issued to
       Richmond a letter of inquiry ("LOI").

    4. On September 13, 2007, the Enforcement Bureau received Richmond's
       response to the LOI ("Response"). In its Response, Richmond stated
       that it became aware of the expiration of its license to operate
       station WPOG498 shortly before May 31, 2007. According to Richmond, a
       former employee responsible for licensing matters had not submitted
       the license renewal prior to departing the company at the end of 2004
       and "the responsibility for managing the FCC license had not been
       transferred to another employee." Richmond admitted to operating
       station WPOG498 continuously without Commission authority from October
       25, 2004 until May 31, 2007.

   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, Richmond was required to maintain its
       authorization in order to operate station WPOG498. Richmond admitted
       that it operated the station without Commission authority from the
       station's license expiration date of October 25, 2004, until the STA
       was granted May 31, 2007. By operating station WPOG498 for
       approximately two and one-half years without authorization, Richmond
       apparently violated Section 301 of the Act and Section 1.903(a) of the
       Rules. Richmond 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 Richmond'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 $6,500.

    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. As the Commission recently
       held, a licensee's continued operations without authorization and its
       failure to timely file a renewal application constitute separate
       violations of the Act and the Rules and warrant the assessment of
       separate forfeitures. Accordingly, we herein propose separate
       forfeiture amounts for Richmond's separate violations.

   10. We propose a $5,000 forfeiture for Richmond's continued operation of
       station WPOG498 after the expiration of its license on October 25,
       2004. In proposing a forfeiture of $5,000 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 $5,000 forfeiture takes
       into account that Richmond's unauthorized operations spanned almost
       two and one-half years from the license's expiration date. In
       addition, we propose a $1,500 forfeiture for Richmond's failure to
       file the renewal application for station WPOG498 within the time
       period specified in Section 1.949(a) of the Rules. Thus, we propose an
       aggregate forfeiture of $6,500.

   I. ORDERING CLAUSES

    1. 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,
       Richmond Association IS hereby NOTIFIED of its APPARENT LIABILITY FOR
       A FORFEITURE in the amount of six thousand, five hundred dollars
       ($6,500) for the willful and repeated violation of Section 301 of the
       Act and Sections 1.903(a) and 1.949(a) of the Rules.

    2. 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, Richmond Association SHALL PAY the full
       amount of the proposed forfeiture or SHALL FILE a written statement
       seeking reduction or cancellation of the proposed forfeiture.

    3. 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 12th Street, S.W., Room 1-A625,
       Washington, D.C. 20554.

    4. 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.

    5. 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.

    6. 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 Herb Dunnavant, Richmond Association d/b/a
       Hilltop Shopping Center, 2200 Hilltop Mall Road, Richmond, California
       94806.

   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. 0003028346. WTB granted the STA on May 31, 2007, under the
   call sign WQGZ292.

   See File No. 0003097626.

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission to Alan Sousa,
   Richmond Association d/b/a Hilltop (August 2, 2007).

   On September 6, 2007, Richmond filed an unsigned response to the LOI
   without an affidavit or declaration under penalty of perjury. On September
   13, 2007, the Enforcement Bureau's Spectrum Enforcement Division received
   a copy of Richmond's signed response to the LOI, followed by receipt of
   the original response letter on September 14, 2007.

   See Letter from Herb Dunnavant, Interim Mall Manager, Richmond Associates
   d/b/a Hilltop Shopping Center to Karen Mercer, Spectrum Enforcement
   Division, Enforcement Bureau, Federal Communications Commission (September
   5, 2007).

   Response at 1.

   Id.

   Id.

   Id. at 2.

   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).

   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); see also Domtar
   Industries, Inc., Notice of Apparent Liability for Forfeiture,  21 FCC Rcd
   13811, 13815 (Enf. Bur., Spectrum Enf. Div., 2006); National Weather
   Networks, Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
   3922, 3925 (Enf. Bur., Spectrum Enf. Div., 2006).

   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. S: 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).

   See Discussion Radio, 19 FCC Rcd at 7438; see also Imperial Sugar Company,
   Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 4987, 4990 (Enf.
   Bur., Spectrum Enf. Div., 2007), forfeiture ordered, 22 FCC Rcd 17346
   (Enf. Bur., Spectrum Enf. Div., 2007) ("Imperial Sugar"); Journal
   Broadcast Corporation, Notice of Apparent Liability for Forfeiture, 20 FCC
   Rcd. 18211, 18213 (Enf. Bur., Spectrum Enf. Div., 2005).

   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 Five Star Parking d/b/a Five Star Taxi Dispatch, Notice
   of Apparent Liability for Forfeiture, 22 FCC Rcd 18857 (Enf. Bur.,
   Spectrum Enf. Div., 2007)(proposing a $5,000 forfeiture for operating a
   station 2. years beyond the expiration of its license), response pending;
   Imperial Sugar, 22 FCC Rcd  at 4990 (proposing a $5,000 forfeiture for
   operating a station 1. years beyond the expiration of its license).

   See Discussion Radio supra; see also Imperial Sugar, 22 FCC Rcd at
   4989-4990 (proposing a $1,500 forfeiture for failure to file timely
   renewal application for a PLMRS station); 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 for a PLMRS station), forfeiture ordered, 22 FCC Rcd
   7530 (Enf. Bur., Spectrum Enf. Div., 2007).

   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.

   47 C.F.R. S: 1.1914.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 08-21

   2

                   Federal Communications Commission DA 08-21