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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                        )                               
                                            File No. EB-08-SE-526       
     In the Matter of                   )                               
                                            NAL/Acct. No. 200932100057  
     Corr Wireless Communications LLC   )                               
                                            FRN # 0003804101            
                                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: May 8, 2009 Released: May 11, 2009

   By the Chief, Spectrum Enforcement Division, Enforcement Bureau:

   I. introduction

    1. In this Notice of Apparent Liability for Forfeiture, we find Corr
       Wireless Communications LLC ("Corr"), licensee of Common Carrier Fixed
       Point-to-Point Microwave stations WMV851 and WPJD282, apparently
       liable for a forfeiture in the amount of six thousand four hundred
       dollars ($6,400) for operating its stations on unauthorized
       frequencies in apparent willful and repeated violation of Section
       1.903(a) of the Commission's Rules ("Rules").

   II. BACKGROUND

    1. On January 23, 2001, Corr was granted a Common Carrier Fixed
       Point-to-Point Microwave license under call sign WMV851 to operate,
       inter alia, on frequency 2115.20 MHz with an authorized bandwidth of
       3.5 MHz. Also on January 23, 2001, Corr was granted a Common Carrier
       Fixed Point-to-Point Microwave license under call sign WPJD282 to
       operate, inter alia, on frequency 2165.20 MHz with an authorized
       bandwidth of 3.5 MHz.

    2. The Enforcement Bureau received a complaint alleging that Corr
       Wireless was operating its microwave stations WMV851 and WPJD282 on
       unauthorized frequencies. On July 31, 2008, the Spectrum Enforcement
       Division of the Enforcement Bureau sent a Letter of Inquiry ("LOI") to
       Corr requesting that the licensee respond to the allegations raised by
       the complaint. Corr responded to the LOI on September 2, 2008. In its
       Response, Corr states that on June 16, 2008, it discovered that
       station WMV851 was operating on frequency 2118.5 MHz and that station
       WPJD282 was operating on frequency 2168.45 MHz, neither of which is an
       authorized frequency. Corr explains that it has not been able to
       determine when the stations began operating on the unauthorized
       frequencies. Corr further states that until late 1996, it had been
       authorized to operate stations WMN213 and WMN214 on frequencies 2118.5
       MHz and 2168.45 MHz, respectively, and believes that a technician
       recently installed old modules tuned to these frequencies into the
       transmitters for stations WMV851 and WPJD282 without realizing that
       these transmitters were authorized to operate on different
       frequencies. Corr further states that as soon as it discovered the
       stations were operating on unauthorized frequencies, it took immediate
       steps to divert traffic to alternative paths and shut down the
       transmitters.  Since Corr discovered that its stations were operating
       on unauthorized frequencies, it states that it has taken affirmative
       steps to ensure that such an incident does not occur again, including:
       conducting a system-wide review of its transmitting stations to
       determine if any other stations were operating at variance; posting
       the authorized frequencies on each transmitting unit; and requiring
       personnel who access locked transmitter sites to log in the dates and
       times of their visits. Corr indicates that the transmitters for both
       stations have been returned to service on the correct frequencies.

   III. DISCUSSION

    A. Operation on Unauthorized Frequencies

    3. Section 1.903(a) of the Rules prohibits 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. Corr admits that it operated its
       fixed point-to-point microwave stations WMV851and WPJD282 on
       unauthorized frequencies for an undetermined period of time ending on
       June 16, 2008. Accordingly, we find that Corr apparently willfully and
       repeatedly operated stations WMV851 and WPJD282 in violation of
       Section 1.903(a) of the Rules.

    B. Proposed Forfeiture

    4. Under Section 503(b)(1)(B) of the Act, any person who is determined by
       the Commission to have willfully or repeatedly failed to comply with
       any provision of the Act or any rule, regulation, or order issued by
       the Commission shall be liable to the United States for a forfeiture
       penalty. To impose such a forfeiture penalty, the Commission must
       issue a notice of apparent liability and the person against whom such
       notice has been issued must have an opportunity to show, in writing,
       why no such forfeiture penalty should be imposed. The Commission will
       then issue a forfeiture if it finds by a preponderance of the evidence
       that the person has violated the Act or a Commission rule. We conclude
       under this standard that Corr is apparently liable for forfeiture for
       its apparent willful and repeated violation of Section 1.903(a) of the
       Rules.

    5. The Commission's Forfeiture Policy Statement  and Section 1.80(b) of
       the Rules establish a base forfeiture amount of four thousand dollars
       ($4,000) for operation on an unauthorized frequency. Corr concedes
       that it operated stations WMV851 and WPJD282 on unauthorized
       frequencies. We find that Corr's operation of each of these stations
       on an unauthorized frequency is a separate violation, subject to a
       separate proposed forfeiture of $4,000. We accordingly conclude that
       Corr is apparently liable for a total proposed forfeiture of $8,000
       for these violations.

    6. Corr asserts that it was unaware that stations WMV851 and WPJD282 were
       operating on unauthorized frequencies and speculates that one of its
       technicians may have unknowingly caused the unauthorized operations.
       As a Commission licensee, however, Corr is charged with the
       responsibility of knowing and complying with the terms of its
       authorizations, the Act and the Rules. In this regard, the Commission
       has long held that a downward adjustment of a forfeiture is not
       justified where violators claim their actions or omissions were due to
       inadvertent errors. Moreover, the Commission has long held that
       "licensees are responsible for the acts and omission of their
       employees and independent contractors," and has consistently "refused
       to excuse licensees from forfeiture penalties where the actions of
       employees or independent contractors have resulted in violations."
       Accordingly, we find that no reduction of the proposed forfeiture is
       warranted on this basis. Additionally, Corr claims to have operated
       scores of transmitting stations over 20 years with no previous
       incident of this kind. We note, however, that the Bureau recently
       found Corr in violation of the Commission's rules in an unrelated
       matter. We therefore decline to reduce the proposed forfeiture amount
       based upon Corr's claim of past compliance. We do find, however, that
       a downward adjustment of the proposed forfeiture from $8,000 to $6,400
       is warranted because Corr undertook corrective measures after learning
       of its violations, but prior to any Commission inquiry or initiation
       of enforcement action.

   IV. ORDERING CLAUSES

    2. 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,
       Corr Wireless Communications LLC IS hereby NOTIFIED of its APPARENT
       LIABILITY FOR A FORFEITURE in the amount of six thousand four hundred
       dollars ($6,400) for the willful and repeated violation of Section
       1.903(a) of the Rules.

    3. 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, Corr Wireless Communications LLC SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

    7. 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. Corr will also send an electronic
       notification on the date said payment is made to
       Jackie.Ellington@fcc.gov and JoAnn.Lucanik@fcc.gov.

    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 Donald J. Evans Esq., counsel for Corr
       Wireless Communications LLC, Fletcher, Heald, & Hildreth, P.L.C., 1300
       North 17th Street, 11th Floor, Arlington, Virginia 22209.

   FEDERAL COMMUNICATIONS COMMISSION

   Kathryn S. Berthot

   Chief, Spectrum Enforcement Division

   Enforcement Bureau

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

   See File No. 0000288862 (renewal application granted January 23, 2001).

   See File No. 0000288863 (renewal application granted January 23, 2001).

   See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
   Enforcement Bureau, Federal Communications Commission, to Bryan A. Corr,
   Sr., President and CEO, Corr Wireless Communications LLC (July 31, 2008).

   See Letter from Donald J. Evans, Counsel for Corr Wireless Communications
   LLC, to Marlene H. Dortch, Secretary, Federal Communications Commission
   (September 2, 2008) ("Response").

   Id. at 1.

   Id. at 2. Because Corr received no complaints of interference, Corr states
   it assumes that the problem was of relatively short duration.

   Id. at 1.

   Id. at 2.

   Id. at 1.

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

   Section 312(f)(1) of the Act defines "willful" as "the conscious and
   deliberate commission or omission of [any] act, irrespective of any intent
   to violate" the law. 47 U.S.C. S: 312(f)(1). The legislative history of
   Section 312(f)(1) of the Act clarifies that this definition of willful
   applies to both Sections 312 and 503(b) of the Act, H.R. Rep. No. 97-765,
   97th Cong. 2d Sess. 51 (1982), and the Commission has so interpreted the
   term in the Section 503(b) context. See Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recon.
   denied,  7 FCC Rcd 3454 (1992) ("Southern California").

   Section 312(f)(2) of the Act, which also applies to forfeitures assessed
   pursuant to Section 503(b) of the Act, provides that "[t]he term
   `repeated,' ... means the commission or omission of such act more than
   once or, if such commission or omission is continuous, for more than one
   day." 47 U.S.C. S: 312(f)(2). See Callais Cablevision, Inc., Notice of
   Apparent Liability for Forfeiture, 16 FCC Rcd 1359, 1362 (2001); Southern
   California, 6 FCC Rcd at 4388.

   47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc., Forfeiture Order, 17 FCC Rcd 7589,
   7591 (2002).

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines,  12 FCC Rcd
   17087, 17113 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   47 C.F.R. S: 1.80(b)(4), Note to Paragraph (b)(4): Section I. Base Amounts
   for Section 503 Forfeitures.

   The base forfeiture amount is $10,000 for construction and/or operation
   without an instrument of authorization for the service. Id. Because Corr
   holds valid authorizations for the service, we find this base amount to be
   inapplicable.

   PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7 FCC
   Rcd 2088 (1992); Southern California, 6 FCC Rcd at 4387 (stating that
   "inadvertence ... is at best, ignorance of the law, which the Commission
   does not consider a mitigating circumstance").

   Eure Family Limited Partnership, Memorandum Opinion and Order, 17 FCC Rcd
   21861, 21863-64 (2002) ("Eure"); MTD, Inc., Memorandum Opinion and Order,
   6 FCC Rcd 34, 35 (1991); Wagenvoord Broadcasting Co., Memorandum Opinion
   and Order, 35 FCC 2d 361 (1972).

   See Eure, 17 FCC Rcd at 21863-64; Triad Broadcasting Company, Inc.,
   Memorandum Opinion and Order, 96 FCC 2d 1235, 1244 (1984).

   See Corr Wireless Communications, LLC, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 11567, 11570 (Enf. Bur. Spectrum Enf. Div., 2008)
   (finding that Corr apparently willfully and repeatedly violated former
   Section 20.19(d)(2) of the Rules by failing to include in its digital
   wireless handset offerings at least two models that meet the inductive
   coupling standards for hearing aid compatibility by September 18, 2006),
   response pending.

   Although Section 504(c) of the Act, 47 U.S.C. S: 504(c), prohibits us from
   relying on the issuance of a prior NAL that has not been paid or finally
   adjudicated in district court to the prejudice of the party, we are not
   barred from considering the underlying facts from a prior unpaid NAL in
   assessing the appropriate forfeiture amount. See Forfeiture Policy
   Statement, 12 FCC Rcd at 17102-04; see also Infinity Radio Operations,
   Inc., Order on Review, 22 FCC Rcd 9824, 9826-9828 (2007).

   See, e.g., Petracom of Texarkana, LLC, Forfeiture Order, 19 FCC Rcd 8096,
   8097-8098 (Enf. Bur., 2004).

   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.

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 09-1044

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                  Federal Communications Commission DA 09-1044