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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                                               
                                   )     File Number: EB-07-PO-055  
     Metro West Ambulance                                           
                                   )   NAL/Acct. No.: 200732920004  
     Licensee of Station WQBI492                                    
                                   )               FRN: 0001592666  
     Hillsboro, Oregon                                              
                                   )                                
                                                                    
                                   )                                


                                FORFEITURE ORDER

   Adopted: February 27, 2008 Released: March 3, 2008

   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 Metro
       West Ambulance ("Metro West"), licensee of station WQBI492, in
       Hillsboro, Oregon, for willful and repeated violation of Section
       1.903(a)  of the Commission's Rules ("Rules"). On June 11, 2007, the
       Enforcement Bureau's Portland Resident Agent Office issued a Notice of
       Apparent Liability for Forfeiture ("NAL") in the amount of $4,000 to
       Metro West after determining that Metro West apparently willfully and
       repeatedly operated on 463.2875 MHz, a frequency not authorized by its
       license, WQBI492. Metro West filed a response to the NAL on July 2,
       2007 ("Response"). In this Order, we consider Metro West's arguments
       that the violation was not willful and not repeated, that Metro West
       took immediate steps to rectify the situation as soon as it was aware
       of the violation, and that Metro West has a history of compliance with
       the Commission's Rules.

   II. BACKGROUND

    2. On March 30, 2007, the Enforcement Bureau's Portland Resident Agent
       Office ("Portland Office") received a complaint against Metro West
       regarding its unlicensed operation on frequency 463.2875 MHz. In
       response to the complaint, a Portland Office agent monitored and
       recorded radio transmissions exchanged between Metro West's ambulance
       vehicles and its dispatch center. When the agent interviewed Metro
       West personnel and a communications center manager about their use of
       frequency 463.2875 MHz, the Metro West representatives denied such use
       and affirmatively stated that Metro West was not operating on 463.2875
       MHz. The representatives then provided the agent a copy of the WQBI492
       license. The license showed that frequency 151.865 MHz was the only
       authorized frequency to Metro West on that license. The agent issued a
       verbal warning to Metro West representatives advising that a new
       authorization was required if Metro West wanted to use 463.2875 MHz.
       In its Response, however, Metro West disputes that the Portland agent
       verbally warned Metro West about its unauthorized operation on
       463.2875 MHz.

    3. From April 4, 2007, to April 10, 2007, the Portland Office continued
       receiving complaints concerning Metro West's unlicensed operation on
       frequency 463.2875 MHz.

    4. On April 17, 2007, the Portland agent used mobile radio direction
       finding techniques to locate an unauthorized transmitter on frequency
       463.2875 MHz operated by Metro West in a communications site, managed
       by BEARCOM Communications, in Portland, Oregon. The agent telephoned
       the site manager and requested to inspect the station. The site owner
       agreed to meet the agent on April 20, 2007. Later on April 17, 2007,
       the Portland agent received a phone call from a representative of
       Metro West admitting that they were using frequency 463.2875 MHz
       without a license. In its Response, Metro West asserts this was the
       first time it realized it was in fact operating on 463.2875 MHz. The
       Metro West representative indicated that he would apply for a special
       temporary authorization ("STA") or a frequency coordination for use of
       frequency 463.2875 MHz and that he would sent a copy of the a STA or
       frequency coordination approval as soon as he received the documents.

    5. On April 18, 2007, the Portland agent monitored frequency 463.2875 MHz
       and observed that Metro West was still using the referenced frequency
       without a FCC authorization. The agent recorded Metro West's radio
       transmissions on April 18, 2007.

    6. On April 20, 2007, the Portland agent received a fax copy of a
       frequency coordination approval indicating that Metro West had applied
       to operate on the new frequency 463.2375 MHz. The agent also received
       a voice mail message from a Metro West representative indicating that
       Metro West had vacated frequency 463.2875 MHz. The agent then met with
       a representative from BEARCOM Communications to inspect Metro West's
       transmitter and verified that Metro West had vacated frequency
       463.2875 MHz.

    7. On June 11, 2007, the Portland agent researched the Commission's
       databases and found that Metro West's authorization for use of
       frequency 463.2875 MHz, under call sign WQBC803, had expired on March
       21, 2005.

    8. On June 11, 2007, the Portland Office issued a NAL in the amount of
       $4,000 to Metro West. In the NAL, the Portland Office found that Metro
       West apparently willfully and repeatedly violated Section 1.903(a)  of
       the Rules by operating on 463.2875 MHz, a frequency not authorized by
       its license, WQBI492. In its Response, Metro West disputes some of the
       facts recited in the NAL, argues that the violation was not willful
       and not repeated, that Metro West took immediate steps to rectify the
       situation as soon as it was aware of the violation, and that Metro
       West 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
       the 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 requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service, and with a valid
       authorization granted by the Commission. Metro West's authorization
       for use of frequency 463.2875 MHz, under call sign WQBC803, expired on
       March 21, 2005. The Metro West land mobile license, WQBI492, provided
       by Metro West representatives on March 30, 2007, did not include an
       authorization to operate on 463.2875 MHz in the Portland, Oregon
       area..

   11. In its Response, Metro West states it did not receive a verbal warning
       from the Portland agent on March 30, 2007, and attaches to its
       Response a signed statement from an employee of Metro West stating
       that the only frequency mentioned by the Portland agent was 151.865
       MHz. Metro West acknowledges in the Response, however, that the
       Portland agent did ask another Metro West employee, its Communications
       Center Manager, about Metro West's license for 463.2875 (which had
       expired) and the manager told the Portland agent that it was not using
       that frequency. Metro West argues that it had no knowledge that
       WQBI492 was operating on 463.2875, until it was alerted to this
       operation on April 17, 2007, by a communications company which had
       been contacted by the Portland agent to obtain access to the Metro
       West tower. Metro West states that the communications company then
       informed Metro West that WQBI492 was operating on 463.2875 MHz. Metro
       West states that it contacted the Portland agent on April 18, 2007, to
       clarify the information it had received from the communications
       company and again told the Portland agent it was not aware that
       WQBI492 was operating on 463.2875 MHz. Because of its lack of
       knowledge of its operation on 463.2875 MHz, Metro West argues that its
       operation cannot be considered willful. We disagree.

   12. A licensee is required to operate on the frequency stated in its
       authorization. Section 312(f)(1) of the Act, which applies to
       violations for which forfeitures are assessed under Section 503(b) of
       the Act, provides that "[t]he term `willful,' when used with reference
       to the commission or omission of any act, means the conscious and
       deliberate commission or omission of such act, irrespective of any
       intent to violate any provision of this Act or any rule or regulation
       of the Commission authorized by this Act...." Metro West consciously
       and deliberately operated WQBI492. Additionally, Metro West
       acknowledges the Portland agent did talk to its Communications Center
       Manager about the use of 463.2875 MHz on March 30, 2007. Even if the
       manager did not understand this communication to be a warning, Metro
       West assured the Portland agent that WQBI492 was not operating on
       463.2875 MHz, and Metro West took no action to ensure the accuracy of
       this statement, until more than two weeks later, when the Portland
       agent contacted another company about what appeared to be Metro West's
       operation on 463.2875 MHz. We find that Metro West was put on notice
       about its potential unauthorized use of 463.2875 MHz by the Portland
       agent on March 30, 2007, failed to ensure it was not operating on that
       frequency, and, consequently, continued operating on that frequency.
       Therefore, we find that Metro West willfully operated on a frequency
       not authorized by its license, WQBI492.

   13. Metro West also argues that because it was not aware of its operations
       on 463.2875 MHz, and was not aware that a violation was occurring, its
       violation was not repeated. We disagree. Section 312(f)(2) of the Act
       defines "repeated" as "the commission or omission of such act more
       than once or, if such commission or omission is continuous, for more
       than one day." In this case, the evidence is clear that Metro West
       operated WQBI492 on 463.2875 MHz for more than one day. Therefore, we
       find no merit to this argument.

   14. Metro West also contends that it has a history of overall compliance
       with the Commission's Rules. We have reviewed our records and we
       concur. Consequently, we reduce Metro West's forfeiture amount from
       $4,000 to $3,200.

   15. Metro West also argues that it immediately rectified the situation
       after it was made aware of the violation of April 17, 2007. That
       effort, however, was only made after the Portland agent had contacted
       the communications company for access to the Metro West radio tower,
       and the communications company then contacted Metro West. While we
       appreciate Metro West's efforts, the Commission has consistently held
       that a licensee is expected to correct errors when they are brought to
       the licensee's attention by the Commission staff and that such
       correction is not grounds for a downward adjustment in the forfeiture.
       Therefore, we find no merit to this argument.

   16. 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 Metro West
       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

   17. 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, Metro West Ambulance
       IS LIABLE FOR A MONETARY FORFEITURE in the amount of $3,200 for
       willfully and repeatedly violating Section 1.903(a) of the Rules.

   18. 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/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. 

   19. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Metro West
       Ambulance, 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).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732900004
   (Enf. Bur., Western Region, Portland Resident Agent Office, released June
   11, 2007).

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

   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).

   Dominic DeNaples, 19 FCC Rcd 12303 (EB 2004).

   47 U.S.C. S: 312(f)(1).

   See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).

   47 U.S.C. S: 312(f)(2).

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   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).

   Federal Communications Commission DA 08-474

   1

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   Federal Communications Commission DA 08-474