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.
*****************************************************************
November 14, 2008
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
AND FACSIMILE AT 480-539-0794
Ken McLeod, President
CSG Wireless Inc.
PO Box 13110
Chandler, Arizona 85248-0036
Re: File No. EB-07-SE-173
Dear Mr. McLeod:
This is an official CITATION, issued pursuant to Section 503(b)(5) of the
Communications Act of 1934, as amended ("Act"), 47 U.S.C. S: 503(b)(5), to
CSG Wireless Inc. (also referred to as "CSG" or "Company") for failing to
respond to directives of the Enforcement Bureau to provide certain
information and documents. As explained below, future violations of
Commission orders in this regard may subject your company to monetary
forfeitures.
On July 17, 2007, the Spectrum Enforcement Division of the Enforcement
Bureau ("Bureau") sent a Letter of Inquiry ("LOI") to CSG to investigate
allegations raised by a complaint that CSG was operating wireless
communication facilities without authorization. In its September 17, 2007
Response, CSG denied the allegations, emphasizing that CSG does not lease
or operate microwave links but that it constructed the wireless
communication system in question. Because CSG's LOI Response failed to
identify the geographic location (longitude and latitude) of each
transmitter and receiver site and the frequencies used in connection with
operation of these links as instructed in the LOI, the Bureau sent CSG a
follow-up LOI on August 18, 2008 (copy enclosed) via certified mail and
facsimile, seeking additional information about the installation of the
links at various locations. Confirmation from the United States Postal
Office and a facsimile transmission report indicate that CSG received this
LOI. CSG's response to this LOI was due on September 8, 2008. As of the
date of this Citation, however, the Bureau has not received CSG's
response. Accordingly, it appears that CSG violated a Commission order by
failing to respond to Bureau directives to provide certain information and
documents.
Sections 4(i), 4(j), and 403 of Act, 47 U.S.C. S:S: 154 (i), 154 (j) and
403, afford the Commission broad authority to investigate the entities it
regulates. Section 4(i) authorizes the Commission to "issue such orders,
not inconsistent with this Act, as may be necessary in the execution of
its functions." Section 4(j) of the Act states that "the Commission may
conduct its proceedings in such manner as will best conduce to the proper
dispatch business and to the ends of justice." Section 403 of the Act
grants the Commission "full authority and power at any time to institute
an inquiry, on its own motion, in any case and as to any matter or thing
concerning which complaint is authorized to be made, to or before the
Commission by any provision of this Act, or concerning which any question
may arise under any of the provisions of this Act."
A party may not ignore the directives in a Bureau inquiry letter. You are
again ordered, pursuant to Sections 4(i), 4(j) and 403 of the Act, to
provide a response to the Bureau's Second LOI within 10 days of the date
of this citation in the manner indicated in the Second LOI.
If, after receipt of this citation, CSG violates the Communications Act or
the Commission's rules in any manner described herein, the Commission may
impose monetary forfeitures not to exceed $16,000 for each such violation
or each day of a continuing violation, up to a total forfeiture amount of
$112,500 for any single act or failure to act.
If you choose to do so, you may respond to this citation within 30 days
from the date of this letter either through (1) a personal interview at
the Commission's Field Office nearest to your place of business, or (2) a
written statement. Your response should specify the actions that CSG is
taking to ensure that it does not violate the Commission's rules governing
responses to official Commission correspondence or directives.
The nearest Commission field office is the San Diego Office in San Diego,
California. Please call Nissa Laughner at 202-418-1358 if you wish to
schedule a personal interview. You should schedule any interview to take
place within 30 days of the date of this letter. You should send any
written statement within 30 days of the date of this letter to:
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Federal Communications Commission
445 12th Street, S.W., Rm. 3-C366
Washington, D.C. 20554
Under the Privacy Act of 1974, 5 U.S.C. S: 552(a)(e)(3), we are informing
you that the Commission's staff will use all relevant material information
before it, including information that you disclose in your interview or
written statement, to determine what, if any, enforcement action is
required to ensure your compliance with the Communications Act and the
Commission's rules.
The knowing and willful making of any false statement, or the concealment
of any material fact, in reply to this citation is punishable by fine or
imprisonment under 18 U.S.C. S: 1001.
Thank you in advance for your anticipated cooperation.
Sincerely,
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
Enclosures
cc: James Padish, Esq.
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to Ken McLeod,
President, CSG Wireless Inc. (July 17, 2007).
See Letter from Ken McLeod, President, CSG Wireless Inc., to Katherine S.
Berthot, Division Chief, Spectrum Enforcement Division, Enforcement
Bureau, Federal Communications Commission at 2 (September 17, 2007) ("LOI
Response").
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau, Federal Communications Commission to Ken McLeod,
President, CSG Wireless Inc. (August 18, 2008) ("Second LOI").
See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
7591 (2002). In SBC Communications, Inc., the Commission imposed a
$100,000 forfeiture against a carrier for its willful refusal to supply a
sworn declaration in response to an Enforcement Bureau letter of inquiry.
The Commission stated, "[T]he order here was squarely within the
Commission's authority and, in any event, parties are required to comply
with Commission orders even if they believe them to be outside the
Commission's authority." Id. at 7591.
See 47 C.F.R. S: 1.80(b)(3).
Federal Communications Commission DA 08-2484
2
Federal Communications Commission DA 08-2484
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554