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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Traffic Control Products of Florida File Number: EB-07-TP-201
NAL/Acct. No: 200832700009
Licensee of Radio Station WPNP358 )
Tampa, Florida )
Adopted: March 27, 2008 Released: March 31, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
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.
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
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,
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.
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
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
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
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),
Federal Communications Commission DA 08-756
Federal Communications Commission DA 08-756