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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     Traffic Control Products of Florida         File Number: EB-07-TP-201   
     Inc.                                    )                               
                                                 NAL/Acct. No: 200832700009  
     Licensee of Radio Station WPNP358       )                               
                                                 FRN: 0010528073             
     Tampa, Florida                          )                               
                                                                             
                                             )                               


                                FORFEITURE ORDER

   Adopted: March 27, 2008 Released: March 31, 2008

   By the Regional Director, South Central 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 Traffic
       Control Products of Florida Inc. ("Traffic Control"), licensee of
       station WPNP358, in Tampa, Florida, for willful and repeated violation
       of Section 90.403(a)(2) of the Commission's Rules ("Rules"). The noted
       violation involves Traffic Control's operation of radio transmission
       equipment inconsistent with the terms of its authorization.

   II. BACKGROUND

    2. On October 23, 2007, in response to a complaint of interference from
       private land mobile station WPFS376, agents from the Commission's
       Tampa Office of the Enforcement Bureau ("Tampa Office") investigated
       and found the source of the interference to be a wireless transmitter
       operating on 467.8375 MHz, station WPFS376's authorized frequency. The
       wireless transmitter was being used to control portable traffic signal
       lights positioned over both ends of a bridge that was being
       constructed in Englewood, FL, about one mile away from station
       WPFS376. The agents spoke with the construction supervisor for the
       bridge who stated the wireless signal lights were set up about two
       months ago, the same time station WPFS376 started to receive the
       interference, and operated by Traffic Control to control the traffic
       on the bridge. An agent contacted a representative from Traffic
       Control to determine its call sign and get more information on its
       license. The representative from Traffic Control was warned that
       operation of the signal lights was causing harmful interference to a
       co-channel licensee.

    3. On October 24, 2007, agents from the Tampa Office determined that the
       wireless station was operating at Latitude 26 52 17 N and Longitude
       082 18 37 W just south of Englewood, FL. According to Traffic
       Control's license, call sign WPNP358, its area of operation is limited
       to a 32 km radius around Latitude 28 00 14.1 N and Longitude 082 22
       38.3 W (Tampa, Florida). The bridge in Englewood is not within a 32 km
       radius of Tampa. The representative from Traffic Control stated on
       October 24, 2007 that he had only just learned of the geographic
       limitation of its license.

    4. On October 26, 2007, an agent from the Tampa Office reminded a
       representative from Traffic Control that it was operating outside its
       licensed 32 km radius and was continuing to cause interference to a
       licensed user. The representative from Traffic Control stated the
       bridge transmitter would be "hard-wired" by the end of the week so the
       transmitter could be turned off.

    5. On November 2, 2007 the agent received a message from Traffic Control
       that it had installed a cable to "hard-wire" the traffic signals and
       had turned the transmitter off. On November 5, 2007, a representative
       from station WPFS376 confirmed the interference stopped on November 2,
       2007.

    6. On March 10, 2008, the Tampa Office issued a Notice of Apparent
       Liability for Forfeiture to Traffic Control in the amount of four
       thousand dollars ($4,000), for the apparent willful and repeated
       violation of Section 90.403(a)(2) of the Rules. Traffic Control
       submitted a response to the NAL requesting a reduction or cancellation
       of the proposed forfeiture.

   III. DISCUSSION

    7. The proposed forfeiture amounts in this case was assessed in
       accordance with Section 503(b) of the Communications Act of 1934, as
       amended ("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, 12 FCC Rcd 17087 (1997),
       recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture Policy Statement").
       In examining Traffic Control's 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.

    8. Section 90.403(a)(2) of the Rules requires that licensees in the
       Private Land Mobile Radio Services ("PLMRS") shall be directly
       responsible for the proper operation and use of each transmitter for
       which they are licensed. In this connection, licensees shall exercise
       such direction and control as to assure that the transmitter is being
       operated ... only in a permissible manner. Traffic Control's license,
       call sign WPNP358, only authorizes it to operate its mobile station
       within a 32 km radius around center point of Latitude 28 00 14.1 N and
       Longitude 082 22 38.3 W on the frequency 467.8375 MHz (this
       corresponds to Tampa, Florida). On October 23 and 24, 2007, agents
       from the Tampa Office observed the WPNP358 mobile radio base station
       operating at a Latitude of 26 52 17 N and a Longitude of 082 18 37 W
       on the frequency of 467.8375, which is approximately 125 km outside of
       Latitude 28 00 14.1 N and Longitude 082 22 38.3 W. Traffic Control
       began its operation in late August/early September 2007 and did not
       discontinue its operation of its radio transmitter from this location
       until November 2, 2007. Traffic Control's operation at an unauthorized
       location caused interference to a co-channel licensee. Based on the
       evidence before us, we find that Traffic Control willfully and
       repeatedly violated Section 90.403(a)(2) of the Rules by operating
       station WPNP358 for several months, on frequency 467.8375 MHz, outside
       of the 32 km radius specified within its license.

    9. Traffic Control requests cancellation or reduction of the proposed
       forfeiture, because it was unaware its license contained a geographic
       limitation, was operating its transmitter to control traffic on a
       one-lane bridge under construction, cooperated with the agents from
       the Tampa Office, and acted quickly to correct the violation. We find,
       however, that Traffic Control's arguments do not justify a reduction
       or cancellation of the forfeiture. Traffic Control admits that it
       operated a radio transmitter from an area not authorized by its
       license on more than one day. Moreover, Traffic Control admits that it
       consciously and deliberately installed and operated the radio
       transmitters on 467.8375 MHz on a bridge in the Englewood area. For
       its violation to be willful, Traffic Control need not have intended to
       violate the rules, but rather needed only to perform actions
       consciously and deliberately that violated the rules. Similarly, it is
       irrelevant why Traffic Control operated the transmitters. In addition,
       although we appreciate Traffic Control's efforts to promptly correct
       the violation, corrective action taken to come into compliance with
       the Rules is expected, and does not nullify or mitigate any prior
       forfeitures or violations.

   10. Finally, Traffic Control requests a reduction of the forfeiture
       because it has not experienced prior problems of this type during its
       many years as a government contractor. Based on Traffic Control's
       history of compliance with the Rules, we reduce the forfeiture to
       $3,200

   11. We have examined Traffic Control's 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 a reduction of
       the proposed forfeiture to $3,200 is warranted, based on its history
       of compliance with the Rules.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Commission's Rules, Traffic Control Products of
       Florida Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       three thousand two hundred dollars ($3,200) for violation of Section
       90.403(a)(2) of the Rules.

   13. 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[s] 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.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class and Certified Mail Return Receipt Requested to Traffic Control
       Products of Florida Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   47 C.F.R. S: 90.403(a)(2).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700009
   (Enf. Bur., Tampa Office, March 10, 2007) ("NAL"). The NAL was originally
   issued to Traffic Controll Products of Florida Inc., the licensee name
   listed in the Universal Licensing System ("ULS"). In response to the NAL,
   Traffic Control identified itself as Traffic Control, with one "l."
   Traffic Control has since corrected the typographical error in the ULS.

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

   47 C.F.R. S: 1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 90.403(a)(2).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), 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...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   See supra note 7.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   47 U.S.C. S: 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4),
   90.403(a)(2).

   Federal Communications Commission DA 08-756

   2

   Federal Communications Commission DA 08-756