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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                
                                                File Number: EB-04-SD-187    
                                            )                                
     In the Matter of                           NAL/Acct. No.: 200532940005  
                                            )                                
     Kojo Worldwide Corporation                 FRN: 0011163516              
                                            )                                
     San Diego, California                      File Number: EB-05-SD-011    
                                            )                                
     More Enterprises Communications            NAL/Acct. No.: 200532940008  
     Network, Inc.                          )                                
                                                FRN: 0010901734              
     San Diego, California                  )                                
                                                File Number: EB-05-SD-010    
     Uniradio Corporation                   )                                
                                                NAL/Acct. No.: 200532940013  
     San Diego, California                  )                                
                                                FRN: 0010621829              
     Anderson Desk Company                  )                                
                                                File Number: EB-05-SD-031    
     San Diego, California                  )                                
                                                NAL/Acct. No.: 200532940002  
                                            )                                
                                                FRN: 0009980855              
                                            )                                
                                                                             
                                            )                                
                                                                             
                                            )                                


                          MEMORANDUM OPINION AND ORDER

   Adopted: December 29, 2009 Released: December 29, 2009

   By the Commission:

   I. INtroduction

    1. The Commission has before it four applications for review filed by
       Kojo Worldwide Corporation ("Kojo"), More Enterprises Communications
       Network, Inc. ("More"), Uniradio Corporation ("Uniradio") and Anderson
       Desk Company ("Anderson Desk") (collectively "the Petitioners") of
       forfeiture orders ("Forfeiture Orders")  issued by the Western Region,
       Enforcement Bureau ("Region"). In the Forfeiture Orders, each of the
       Petitioners was assessed a $10,000 forfeiture for willfully and
       repeatedly operating an unlicensed microwave radio station, in
       violation of Section 301 of the Communications Act of 1934, as amended
       ("Act").  All four of the applications for review raise the same
       issues; therefore, we consider them together. For the reasons
       described below, we deny the applications for review.

   II. background

    2. Beginning in November 2004, and continuing through March 2005, agents
       from the San Diego Office of the Commission's Enforcement Bureau
       investigated allegations that companies in the Otay Mesa area of San
       Diego, California, were using unauthorized microwave radio stations to
       communicate with sister companies across the U.S. - Mexico border in
       Tijuana, Mexico. During that time, San Diego agents monitored and
       measured the transmissions of a microwave radio station used by Kojo,
       at 9654 Siempre Viva Road, San Diego, California, operating on
       microwave channels 22355.0 MHz and 22471.75 MHz.; a microwave radio
       station used by More, at 4630 Border Village Road, San Diego,
       California, operating on microwave channels 21675.0 MHz and 22471.75
       MHz; a microwave radio station used by Uniradio at 4630 Border Village
       Road, San Diego, California, operating on microwave channels 21225.0
       MHz and 22464.75 MHz; and a microwave radio station used by Anderson
       Desk, at 7510 Airway Road, San Diego, California, operating on
       microwave channel 21224.0 MHz. A review of the Commission's databases
       revealed that each of the Petitioners had a pending application, all
       filed in 2004, for a frequency within the 23 GHz band, but not
       necessarily the one they were using. None of these applications had
       been granted and, consequently, none of these operations were licensed
       by the Commission. 

    3. The San Diego Office issued a Notice of Unlicensed Operation ("NOUO")
       to Kojo on December 17, 2004. In a reply, dated December 27, 2004
       ("NOUO Reply"), the counsel for Kojo stated that Kojo attempted to
       apply for a microwave radio station license in 2001. During this same
       time period, Kojo's counsel had another client who attempted to apply
       for a microwave radio station license in the same area in order to
       communicate with a sister office in Mexico. According to Kojo's
       counsel, this other client attempted to obtain a Special Temporary
       Authority ("STA") but was not granted one. In the NOUO Reply, counsel
       for Kojo stated that he was orally advised by the Commission's
       International Bureau that "(1) it would not be issuing any more STA's,
       and (2) there would be no further enforcement actions initiated by
       field offices regarding unlicensed cross-border 23 GHz systems."
       Kojo's counsel then stated that he gave this advice to Kojo as well.
       Kojo apparently began its operations in 2001 on microwave channel
       22355.0. Kojo filed three applications for licenses in 2001, all of
       which were dismissed in 2001 for failure to pay the requisite filing
       fee. Upon receiving the NOUO, Kojo stated that it ceased operation of
       the microwave radio station in question and filed for an STA to allow
       its operation. On March 24, 2005, and on August 9, 2005, San Diego
       agents returned to the Kojo site and found the microwave radio station
       operational but now on microwave channel 22471.75 MHz.

    4. The San Diego Office also sent Letters of Inquiry ("LOI's") to More,
       Uniradio and Anderson Desk concerning their authority to transmit on
       the frequencies and at the locations listed above. Each of the
       entities responded. More acknowledged in its reply, received April 8,
       2005, that it began operating its microwave radio station in 2004 on
       21675.0 MHz and that it had a license application pending with the
       Commission. According to Commission records, the application was filed
       September 2, 2004.  In its reply received April 19, 2005, Uniradio
       acknowledged that it began operating the station on 21225.0 MHz in May
       2004 and that it never had or applied for an authorization or license
       to transmit in the U.S. at the 21225.0 MHz frequency. Uniradio further
       acknowledged that it had a pending application to use 22464.75 MHz.
       According to Commission records, this application was filed on May 19,
       2004, and amended September 29, 2004, still indicating its desire to
       use 22464.75 MHz. Uniradio also indicated that the equipment company
       that installed the radio transmitter had inadvertently switched the
       receiver and transmitter frequencies, leaving the station operating at
       21225.0 MHz rather than at 22464.75 MHz. In its reply, received March
       23, 2005, Anderson Desk acknowledged that it began operating its
       microwave radio station in 2000 on frequency 22461.25 MHz. There is no
       evidence that Anderson Desk filed an application to operate at that
       time. Anderson Desk stated that it replaced some defective equipment
       in December 2004 and, at that time, frequency 21224.0 MHz was
       installed. Anderson Desk further stated in response to the LOI that
       the repaired unit was back in service and operating on 22461.25.
       According to Commission records, Anderson Desk filed an application on
       September 23, 2004, to operate on 22461.25 MHz. Anderson Desk
       acknowledged that its pending application for license had not yet been
       granted at the time it commenced operations.

    5. Section 301 of the Act provides that "[n]o person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio [within the United States] ... except under and in
       accordance with this Act and with a license in that behalf granted
       under the provisions of this Act." On September 28, 2005, the San
       Diego Office issued a Notice of Apparent Liability for Forfeiture
       ("NAL") to each of the Petitioners in the amount of $10,000 for
       willfully and repeatedly operating a microwave radio station without a
       license in violation of Section 301 of the Act. Each of the
       Petitioners responded to its NAL. In their responses, none of the
       Petitioners claimed that it held a valid authorization to operate a
       microwave station during the 2004 and 2005 time period that the San
       Diego Office conducted its investigation, and none of the Petitioners
       denied operating its microwave radio station repeatedly without a
       license. Additionally, none of the Petitioners discussed the
       applications that they had filed in 2004, or why they were filed. None
       addressed whether they had filed an application in 2000 or 2001.
       Instead, all the Petitioners argued that they should not be liable for
       the proposed forfeitures because they were relying on oral advice
       given to their counsel by Commission staff in 2001, concerning other
       similarly situated microwave radio operators. Uniradio also argued
       that the Commission should have issued a public notice announcing its
       intention to enforce Section 301 against cross-border operators in
       2005 and by not doing so it "placed Uniradio in [a] `Catch-22'
       situation by refusing for years to issue STAs or licenses for
       microwave links in the 23 GHz band and [indicating] that it would not
       undertake enforcement actions." 

    6. In the Forfeiture Orders, the Region found no merit to these arguments
       and issued forfeitures of $10,000 against each of the Petitioners. The
       Region reminded the Petitioners that the Commission had consistently
       held that applicants are responsible for compliance with the
       Commission's Rules and should not rely on informal oral opinions from
       Commission staff. Consequently, the Region disagreed that Uniradio,
       which commenced unlicensed 23 GHz operations in May of 2004, was
       placed in a "Catch-22" by the lack of a public notice announcing that
       the Commission would enforce Section 301 against unauthorized
       cross-border microwave operators. 

    7. The Region also found that even assuming arguendo that Commission
       staff did advise the Petitioners' counsel in 2001 that there would be
       no further enforcement actions initiated by field offices regarding
       unlicensed cross-border 23 GHz systems in 2001, the Petitioners'
       continued reliance on this advice in 2004 and 2005 was misplaced. 
       While the Petitioners claimed that until 2005, the FCC's microwave
       licensing branch had steadfastly refused to grant applications seeking
       cross-border 23 GHz links because the licensing authority in Mexico
       was not then issuing authorizations for parallel links from Mexico to
       the U.S, the Region's review of the Commission's database showed
       otherwise. The Region determined that, by January 2004, cross-border
       coordination and licensing by both the FCC and the Mexican Ministry of
       Communications and Transport ("SCT") was routinely occurring.  The
       Region also found that the fact that each of the Petitioners had filed
       an application for authority to operate in 2004 indicated that each of
       the Petitioners clearly understood that licensing was both required,
       and available, for its cross-border operations in 2004 and 2005, the
       period during which the San Diego Office agents observed and
       questioned the Petitioners' unauthorized operations. 

   III. discussion

    8. In their applications for review, Petitioners effectively repeat the
       argument they made before the Region that forfeitures for unlicensed
       operations during the years 2004 to 2005 are inappropriate because
       petitioners were relying upon oral advice given to their counsel by
       Commission staff in 2001 that there would be no further enforcement
       actions for unlicensed cross-border 23 GHz systems. We find no merit
       to this argument and affirm the Region's finding as to this issue. The
       Commission has stated in the past that "[i]t is the obligation of
       interested parties to ascertain facts from Official Commission records
       and files and not rely on statements or informal opinions by the
       staff." Additionally, "[w]hen the staff advice is contrary to the
       Commission's rules, the Commission may still enforce its rules despite
       any reliance by the public." Regulatees that rely on unwritten staff
       opinions do so at their own peril. None of the staff has been given
       delegated authority by the Commission to orally waive the requirements
       of, or to promise indefinite non-enforcement of, Section 301 of the
       Act.

    9. At the outset, we observe that Petitioners' unlicensed operations were
       clearly barred by federal statute and FCC rule. As indicated above,
       Section 301 of the Communications Act requires a license for radio
       operations: "No person shall use or operate any apparatus for the
       transmission of energy or communications or signals by radio [within
       the United States] ... except under and in accordance with this Act
       and with a license in that behalf granted under the provisions of this
       Act." In addition, the Commission's rules require a license in order
       to operate 23 GHz microwave radio systems. Moreover, Petitioners
       cannot argue that their operations were authorized by rule as a result
       of the pendency of their various license applications during a portion
       of the period in question, because the rules providing for conditional
       authorization (i.e., authority to operate a proposed station during
       the pendency of a properly filed application) do not apply to the
       operations at issue here. Finally, Petitioners have failed to cite any
       statute, official FCC decision, order or policy that affirmatively
       suspended the licensing requirement for operators of 23 GHz links
       between the United States and Mexico.

   10. In light of these clearly articulated requirements barring the type of
       unlicensed station operations at issue here, coupled with a lack of
       any evidence that Congress or the Commission had altered these
       requirements, we find no merit in Petitioners' assertion that any of
       the statements made by any member of the FCC staff was "tacitly
       sanctioned" by the Commission. As for the suggestion that Petitioners
       were entitled to rely on past instances in which Commission staff may
       have failed to pursue enforcement action against other 23 GHz
       operations near the Mexican border, we note, as a threshold matter,
       that while the Commission is an administrative agency with broad
       prosecutorial discretion, parties are not entitled to rely on an
       expectation of the Commission's exercise of such discretion to justify
       non-compliance with the Act or the Commission's rules. Moreover, even
       if there were instances where the agency's unofficial actions might
       mitigate such noncompliance, Petitioners' own description of their
       understanding of the Commission's enforcement approach towards 23 GHz
       operations demonstrates the complete lack of any reasonable basis for
       relying on an expectation that the Commission would not enforce its
       licensing requirement against them. Specifically, the NOUO issued to
       Kojo on December 17, 2004, made it clear that the agency was not
       exercising any discretion to forego enforcement action and put Kojo
       and the rest of the Petitioners, who were relying on the same counsel
       for their oral authority to operate without a license, on notice that
       they would be prohibited from operating without a license.
       Additionally, the circumstances under which Petitioners allege the
       representations from the agency were made would suggest that any
       reliance on them by Petitioners was unreasonable. According to
       Petitioners' own claims, the alleged representations were made a
       number of years before the subject operations here, as to parties
       other than the Petitioners, and at a time when the asserted basis for
       the lack of enforcement was an international impasse that had ceased
       to exist during the 2004-2005 time period at issue here.

   11. The Petitioners also argue that the person making the assurances was
       the Deputy Bureau Chief of the International Bureau and, as such, was
       a policy maker. The Petitioners, citing AAT Electronics Corporation, 
       assert that the Commission has implied in the past that the public may
       rely on pronouncements of policy-making staff. Kojo, in particular,
       asks if a Notice of Unlicensed Operation issued by a field office, in
       this case the San Diego Office, is effective to countermand an
       explicit policy announced by a deputy chief of the International
       Bureau. The Petitioners argue that this Deputy Bureau Chief was
       "clearly speaking for the Commission" and was articulating "a policy
       that had been discussed and formulated at the highest levels of the
       International Bureau."  However, neither the International Bureau nor
       the Commission can waive Section 301: this agency does not have the
       authority to waive a statutory requirement. We also disagree with
       Petitioners' reading of the AAT Electronics decision. That decision,
       like ours here, rejected a petitioner's assertion that it was entitled
       to rely on oral advice by Commission staff that conflicted with the
       Commission's published rules. The Commission's passing observation in
       AAT Electronics that the staff person in question, who purportedly
       authorized a change in the construction and loading requirements, did
       not have policy-making authority ("we note that the Bureau employee in
       question was a staff attorney who did not have policy making
       authority") only served to highlight the weakness of AAT's argument
       (much as the next point made by the Commission in the case - that AAT
       failed to cite the purported staff representation when it informed the
       Commission that it was proceeding to construct in a manner contrary to
       rule), not to recognize grounds for proving the receipt of an oral
       waiver.

   12. The Petitioners also argue that the Region was incorrect in finding
       that the fact that each of the Petitioners had filed an application in
       2004 to obtain a license for its unlicensed microwave operation meant
       that each of the Petitioners "clearly understood" that licensing was
       required. We find no merit to the Petitioners' argument. The
       Petitioners do not explain why they filed applications in 2004, other
       than the fact that they believed that at some point licensing would be
       required. In this regard, they were partially correct, as Section 301
       had always required that their cross-border 23 GHz operations be
       licensed, whether the Petitioners clearly understood it or not, and
       regardless of any oral statements made to their counsel or other
       representatives.

   13. We have examined the applications for review pursuant to the statutory
       factors prescribed by Section 503(b)(2)(E) of the Act and in
       conjunction with The Commission's Forfeiture Policy Statement and
       Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture 
       Guidelines,  and Section 1.80 of the Rules. Having done so, we find no
       reason to reverse the Region's earlier decisions. Therefore, we deny
       the applications for review of Kojo Worldwide Corporation, More
       Enterprises Communications Network, Inc., Uniradio Corporation and
       Anderson Desk Company, and affirm the Region's Forfeiture Orders
       finding Kojo Worldwide Corporation, More Enterprises Communications
       Network, Inc., Uniradio Corporation and Anderson Desk Company each
       liable for a forfeiture in the amount of $10,000.

   IV. ordering Clauses

   14. Accordingly, IT IS ORDERED that, pursuant to Section 1.115(g) of the
       Rules,  Kojo Worldwide Corporation's Application for Review of the
       Region's August 25, 2006, Forfeiture Order IS DENIED and the Region's
       Forfeiture Order IS AFFIRMED.

   15. IT IS FURTHER ORDERED that, pursuant to Section 1.115(g) of the Rules,
       More Enterprises Communications Network, Inc.'s Application for Review
       of the Region's August 25, 2006, Forfeiture Order IS DENIED and the
       Region's Forfeiture Order IS AFFIRMED.

   16. IT IS FURTHER ORDERED that, pursuant to Section 1.115(g) of the Rules,
       Uniradio Corporation's Application for Review of the Region's
       September 12, 2006, Forfeiture Order IS DENIED and the Region's
       Forfeiture Order IS AFFIRMED.

   17. IT IS FURTHER ORDERED that, pursuant to Section 1.115(g) of the Rules,
       Anderson Desk Company's Application for Review of the Region's August
       25, 2006, Forfeiture Order IS DENIED and the Region's Forfeiture Order
       IS AFFIRMED.

   18. Payment of the forfeitures ordered by the Region and affirmed by this
       Memorandum Opinion and Order 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
       Certified Mail Return Receipt Requested and by First Class Mail to 
       Kojo Worldwide Corporation, at its address of record, More Enterprises
       Communications Network, Inc., at its address of record, Uniradio
       Corporation, at its address of record, Anderson Desk Company, at its
       address of record, and their counsel of record, Frederick J. Day,
       Esquire.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

   Application for Review of Kojo Worldwide Corporation, filed September 22,
   2006 ("Kojo Application for Review"); Application for Review of More
   Enterprises Communications Network, Inc., filed September 22, 2006 ("More
   Application for Review"); Application for Review of Uniradio Corporation,
   filed October 12, 2006 ("Uniradio Application for Review"); Application
   for Review of Anderson Desk Company, filed September 22, 2006 ("Anderson
   Application for Review").

   Kojo Worldwide Corporation, 21 FCC Rcd 9538 (EB 2006); More Enterprises
   Communications Network, Inc., 21 FCC Rcd 9548 (EB 2006); Uniradio
   Corporation, 21 FCC Rcd 9993 (EB 2006); Anderson Desk Company, 21 FCC Rcd
   9543 (EB 2006).

   47 U.S.C. S: 301.

   Because the issues raised in these applications for review are identical,
   we have consolidated our consideration of these issues and Petitioners
   into this single Memorandum Opinion and Order. Each of the Petitioners,
   however, remains liable only for its individual forfeiture amount, see
   P:P: 14 - 23, below.

   See, e.g.,  Lamkin Corporation, 21 FCC Rcd 9568 (EB 2006); Pacnet
   Incorporated San Diego (Otay), California, 21 FCC Rcd 10089 (EB 2006),
   Pacnet Incorporated San Diego (San Ysidro), California, 21 FCC Rcd 10087
   (EB 2006); Norman Krieger 21 FCC Rcd 9563 (EB 2006); Pacific Spanish
   Network, Inc, 21 FCC Rcd 2073 (EB 2006); International Customs Brokers,
   Inc., 21 FCC Rcd 2077 (EB 2006); Tocabi America Corporation, Notice of
   Apparent Liability for Forfeiture, NAL/Acct. No. 200532940006 (Enf. Bur.,
   Western Region, San Diego Office, released September 28, 2005).

   At the time of the inspections, Kojo had a pending application for
   license, filed November 1, 2004, for operation on 22471.75 MHz for the
   9654 Siempre Viva Road transmitter site; More had a pending application
   for license, filed September 2, 2004, for 22471.75 MHz at the 4630 Border
   Village Road location; Uniradio had a pending application for license,
   filed May 19, 2004 and amended September 29, 2004, for 22464.75 MHz at the
   4630 Border Village Road location; and Anderson Desk had a pending
   application for license, filed September 23, 2004, for 22461.25 MHz at the
   7510 Airway Road location. Pursuant to Sections 101.31(b)(1) and
   101.31(b)(1)(v) of the Rules, 47 C.F.R. S:S: 101.31(b)(1),
   101.31(b)(1)(v), certain applicants for point-to-point microwave stations,
   not located within 56.3 kilometers of any international border, operating
   in certain frequency bands, are deemed to have conditional authority to
   operate their proposed stations during the pendency of their applications.
   These rule provisions for conditional authority, however, do not apply to
   the operations at issue here, as some of the frequencies proposed for use
   by Petitioners in their applications were not contained in these frequency
   bands, and each one of the proposed stations was located too close to an
   international border (specifically, no more than 1.5 km from the Mexican
   border) to qualify for conditional authority.

   The other client was Pacific Devices, Inc. See Kojo NOUO Reply at 2.

   Kojo Worldwide Corporation, 21 FCC Rcd at 9539, quoting the Kojo NOUO
   Reply at 2. Neither Kojo nor its counsel presented any written Commission
   or International Bureau orders, public notices or any other documentation
   published by the Commission to support these statements.

   All of the Petitioners contend that they relied on this advice given to
   their counsel regarding unlicensed 23 GHz operations. Kojo Application for
   Review at 3; More Application for Review at 3; Uniradio Application for
   Review at 4; Anderson Application for Review at 3.

   A review of Commission records by the San Diego Office revealed that Kojo
   had no pending application and had not received authorization to operate
   on microwave channel 22355.0 MHz.

   See FCC File Nos. 000432307, 000477582 and 0000506891.

   See Letter Request for Special Temporary Authority from Kojo Worldwide
   Corporation to International Bureau, FCC, dated December 24, 2004. Kojo
   provides no evidence that this request was ever granted.

   The Commission's review of its records referenced above, see note 10
   supra, also indicated that Kojo had a pending application, but no
   authorization, to operate on microwave channel 22471.75 MHz. The pending
   application was granted on August 18, 2005, under call sign WQDG466,
   approximately four years after the unauthorized operations commenced. On
   June 3, 2007, the WQDG466 license was terminated.

   On August 17, 2005, the pending More Enterprises application for a Private
   Operational Fixed Point-to-Point Microwave radio station on 22471.75 MHz,
   located at 4630 Border Village Road, San Diego, California, was granted
   under call sign WQDG363.

   Uniradio also stated that it had applied to the FCC for a special
   temporary authority and that it had corrected the transmitter frequency
   error. Agents confirmed that Uniradio did apply for a special temporary
   authority on March 22, 2005. The pending Uniradio application for a
   Private Operational Fixed Point-to-Point Microwave radio station on
   22464.75 MHz, located at 4630 Border Village Road, San Diego, California,
   was granted on May 18, 2005 under call sign WQCT284, approximately one
   year after the unauthorized operations commenced.

   On May 20, 2005, Anderson's pending application for a Private Operational
   Fixed Point-to-Point Microwave radio station on 22461.25 MHz was granted
   under the call sign of WQCT534.

   47 U.S.C. S: 301.

   See Kojo Worldwide Corporation, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200532940005 (Enf. Bur., Western Region, San
   Diego Office, released September 28, 2005); More Enterprises
   Communications Network, Inc., Notice of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200532940008 (Enf. Bur., Western Region, San Diego Office,
   released September 28, 2005); Uniradio Corporation Notice of Apparent
   Liability for Forfeiture, NAL/Acct. No. 200532940013 (Enf. Bur., Western
   Region, San Diego Office, released September 28, 2005); and Anderson Desk
   Company, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
   200532940002 (Enf. Bur., Western Region, San Diego Office, released
   September 28, 2005).

   Uniradio Reply at 4.

   Kojo Forfeiture Order, 21 FCC Rcd at 9540, para. 12; More Forfeiture
   Order, 21 FCC Rcd at 9550, para. 11; Uniradio Forfeiture Order, 21 FCC Rcd
   at 9995, para. 11; Anderson Desk Forfeiture Order, 21 FCC Rcd at 9545,
   para. 13 (collectively citing Texas Media Group, Inc. 5 FCC Rcd 2851, 2852
   (1990), aff'd sub nom., Malkan FM Associates v. FCC, 935 F.2d 1313 (D.C.
   Cir. 1991).

   Uniradio Forfeiture Order, 21 FCC Rcd at 9995, para. 11.

   Kojo Forfeiture Order, 21 FCC Rcd at 9540, para. 12; More Forfeiture
   Order, 21 FCC Rcd at 9550, para. 11; Uniradio Forfeiture Order, 21 FCC Rcd
   at 9995, para. 12; Anderson Desk Forfeiture Order, 21 FCC Rcd at 9545,
   para. 13.

   Id.

   Id.

   Kojo Application for Review at 4 (filed Sept. 22, 2006); More Application
   for Review at 4 (filed Sept. 22, 2006); Uniradio Application for Review at
   6 (filed Oct. 12, 2006); Anderson Desk Application for Review at 4 (filed
   Sept. 22, 2006).

   Texas Media Group, Inc. 5 FCC Rcd at 2852. See also  Ramko Distributors,
   Inc., 22 FCC Rcd 7161 (2007) (regulatees are responsible for compliance
   with the Commission's rules and they should not rely on informal opinions
   from Commission staff).

   Hinton Telephone Company, 10 FCC Rcd 11625, 11637 (1995). See also  Malkan
   FM Associates v. FCC, 935 F.2d 1313 (D.C. Cir 1991); Schweiker v. Hansen,
   450 U.S. 785, 790 (1981) (petitioner's reliance on erroneous staff advice
   does not estop agency from requiring compliance with valid regulation). 

   See Section 0.261 of the Rules, 47 C.F.R. S: 0.261, Authority Delegated to
   the International Bureau; Section 0.311 of the Rules, 47 C.F.R. S: 0.311,
   Authority Delegated to the Enforcement Bureau.

   47 U.S.C. S: 301.

   47 C.F.R. S: 101.1 et seq.

   See 47 C.F.R. S: 101.31(b). As noted above, none of Petitioners' proposed
   stations met the requirement that the station site lie beyond 56.3
   kilometers of any international border. See id. at S: 101.31(b)(v); supra
   note 6.

   See In re: Notices of Apparent Liability for Forfeitures of Emery
   Telephone, 15 FCC Rcd 7181, 7186 (1999). The courts have found that, as a
   general matter, the Commission "is best positioned to weigh the benefits
   of pursuing an adjudication against the costs to the agency (including
   financial and opportunity costs) and the likelihood of success." In the
   Matter of Radio One Licenses, LLC, 19 FCC Rcd 23922, 23932 (2004), citing
   New York State Dept. of Law v. F.C.C., 984 F.2d 1209, 1213 (D.C. Cir.
   1993).

   See In the Matter of Cablevision Systems Corporation, 15 FCC Rcd 24298,
   24303-24304 (2000).

   Kojo Application for Review at 5 - 6; More Application for Review at 5 -
   6; Uniradio Application for Review at 7 - 9; Anderson Application for
   Review at 5 - 6. Citing Frank C. Newman, Should Official Advice be
   Reliable - Proposals as to Estoppel and Related Doctrines in
   Administrative Law, 53 Colum. L. Rev 374 (1953), the Petitioners argue
   that within each agency "there are officials who are distinctly qualified
   to issue binding rulings." Kojo Application for Review at 5 - 6; More
   Application for Review at 5 - 6; Uniradio Application for Review at 8;
   Anderson Application for Review at 4 - 5. The Petitioners do not mention
   whether these rulings must be written or can be oral. We note our
   disagreement with the Petitioners' characterization of the alleged actions
   taken as "policymaking." What the Petitioners have described would not be
   an establishment of a policy, but an exercise of agency discretion not to
   pursue a specific enforcement action during a period of international
   impasse. As explained above, Petitioners were aware that those
   circumstances had changed, given the end of the international licensing
   impasse in 2004 and the issuance of the NOUO to Kojo, on December 17,
   2004.

   See AAT Electronics Corporation, 93 FCC 2d 1034, 1047 (1983). In AAT
   Electronics, the Commission found unpersuasive AAT's contention that it
   relied on a Bureau official's representation because, among other reasons,
   the Bureau employee in question was a staff attorney who did not have
   policy making authority.

   Kojo Application for Review at 7.

   Id. at 6; More Application for Review at 6; Uniradio Application for
   Review at 9; Anderson Application for Review at 6.

   Federal-State Joint Board on Universal Service, CC Docket No. 96-45,
   Memorandum Opinion and Order, 15 FCC Rcd 7170, 7178 (1999).

   Application for Review of Specialized Mobile Radio Station WYA-671
   Licensed to AAT Electronics Corp., Staten Island, New York, 53 R.R.2d
   1215, para. 47 (1983).

   Id.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 C.F.R. S: 1.80.

   47 C.F.R. S: 1.115(g).

   47 C.F.R. S: 1.115(g).

   47 C.F.R. S: 1.115(g).

   47 C.F.R. S: 1.115(g).

   47 U.S.C. S: 504(a).

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                  Federal Communications Commission FCC 09-114

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                  Federal Communications Commission FCC 09-114