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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Hilltop Tower Leasing, Inc. Licensee of Station WPSQ972
   Everett, Pennsylvania ) ) ) ) ) ) ) File Number: EB-10-PA-0014 NAL/Acct.
   No.: 201132400003 FRN: 0016-89-6722




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: January 14, 2011  Released: January 18, 2011

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Hilltop Tower Leasing, Inc. ("Hilltop"), licensee of land mobile
       radio station WPSQ972, in Everett, Pennsylvania, apparently willfully
       and repeatedly violated Section 1.903(a) of the Commission's Rules
       ("Rules")^ by operating from an unauthorized location. We conclude
       that Hilltop is apparently liable for a forfeiture in the amount of
       four thousand dollars ($4,000).

   II. BACKGROUND

    2. At the time of the investigation at issue here, the license for land
       mobile radio station WPSQ972 authorized Hilltop to operate radio
       transmitting equipment on the frequencies 452.2375 MHz, 452.2625 MHz,
       452.3625 MHz and 461.4125 MHz from antenna structure number 1204406
       located on Tussey Mountain in Everett, Pennsylvania at the coordinates
       40^o 00' 04.3" North Latitude and 078^o 24' 03.1" West Longitude.^

    3. On January 19 and January 20, 2010, an agent from the Enforcement
       Bureau's Philadelphia Office ("Philadelphia Office") determined that
       digital emissions on the frequencies 452.2375 MHz and 461.4125 MHz
       were emanating from radio transmitting equipment located on antenna
       structure number 1207856 at Kinton Knob Mountain in Bedford,
       Pennsylvania at the coordinates 40 ^ o 00' 46.3" North Latitude and
       078 ^ o 33' 11.0" West Longitude, approximately eight miles from
       Tussey Mountain. After conducting the monitoring on January 20, 2010,
       the agent contacted Hilltop and spoke with its president, Jeff
       MacAlarney, who claimed that he could not answer the agent's questions
       regarding operation on the frequencies 452.2375 MHz and 461.4125 MHz
       at Kinton Knob Mountain. Later that day, however, the agent found that
       operation on those frequencies had stopped.^

    4. The Philadelphia Office issued a Letter of Inquiry ("LOI") to Hilltop
       on February 23, 2010. ^ ^ In response to the LOI, Hilltop admitted
       that, in December 2009, it had moved some of the radio transmitting
       equipment for station WPSQ972 from its authorized location on Tussey
       Mountain in Everett, Pennsylvania, to Kinton Knob Mountain in Bedford,
       Pennsylvania.^ Hilltop further conceded that the equipment remained in
       operation and periodically transmitted data bursts.^ Hilltop also
       claimed that it was maintaining the station at Kinton Knob Mountain as
       a backup for Bedford County 911, which had been experiencing problems
       with one of its Bedford County dispatch stations on Tussey Mountain.^

   III. DISCUSSION

    5. Section 503(b) of the Communications Act of 1934, as amended ("Act")^
       provides that any person who willfully or repeatedly fails to comply
       substantially with the terms and conditions of any license, or
       willfully or repeatedly fails to comply with any of the provisions of
       the Act or of any rule, regulation or order issued by the Commission
       thereunder, shall be liable for a forfeiture penalty. The term
       "willful" as used in Section 503(b) of the Act has been interpreted to
       mean simply that the acts or omissions are committed knowingly.^ The
       term "repeated" means the commission or omission of such act more than
       once or for more than one day.^

    6. Section 1.903(a) of the Rules provides 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.^ Section 1.903(b) further
       provides that the "holding of an authorization does not create any
       rights beyond the terms, conditions, and period specified in the
       authorization."^ As described above, on January 19 and January 20,
       2010, an agent from the Philadelphia Office determined that Hilltop
       operated station WPSQ972 on the frequencies 452.2375 MHz and 461.4125
       MHz from an unauthorized location. Hilltop conceded in response to the
       LOI that it had moved station WPSQ972 from Tussey Mountain to Kinton
       Knob Mountain in December 2009 for the purpose of providing a backup
       for Bedford County 911. Hilltop further admitted that the transmitting
       equipment was operating and periodically transmitting digital bursts.^
       Based on the evidence before us, we find that Hilltop apparently
       willfully and repeatedly violated Section 1.903(a) of the Rules by
       operating radio transmitting equipment at an unauthorized location.

    7. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operating at an
       unauthorized location is $4,000.^ In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) of the Act, which include the nature,
       circumstances, extent, and gravity of the violations, 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.^ Applying the Forfeiture Policy Statement, Section 1.80 of
       the Rules, and the statutory factors to the instant case, we conclude
       that Hilltop is apparently liable for a forfeiture in the amount of
       $4,000.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Hilltop Tower Leasing, Inc.
       is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four thousand dollars ($4,000) for violations of Section
       1.903(a) of the Rules.^

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Hilltop Tower Leasing
       Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   10. Payment of the forfeiture must be made by credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the 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.^8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       [1]ARINQUIRIES@fcc.gov. Hilltop Tower Leasing, Inc. shall also send
       electronic notification on the date said payment is made to
       [2]NER-Response@fcc.gov.

   11. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement, if
       any, must be mailed to Federal Communications Commission, Enforcement
       Bureau, Northeast Region, Philadelphia Office, One Oxford Valley
       Building, Suite 404, 2300 East Lincoln Highway, Langhorne,
       Pennsylvania 19047 and must include the NAL/Acct. No. referenced in
       the caption. The statement shall also be emailed to
       [3]NER-Response@fcc.gov.

   12. 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 ("GAAP"); 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.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by both Certified Mail, Return Receipt
       Requested, and regular mail, to Hilltop Tower Leasing, Inc. at 400
       Highland Avenue, Altoona, Pennsylvania, 16602.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

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

   ^ See File No. 0002685135.

   ^ During a telephone conversation with the agent on January 26, 2010, Mr.
   MacAlarney acknowledged that he had contacted the station's technician on
   January 20, 2010 and asked him to turn off the transmitter.

   ^ See Letter of Inquiry from Gene J. Stanbro, District Director,
   Philadelphia Office, Northeast Region, Enforcement Bureau, to Hilltop
   Tower Leasing, Inc., dated February 23, 2010.

   ^ See Letter from Jeff MacAlarney, President, Hilltop Tower Leasing, Inc.,
   to Gene J. Stanbro, District Director, Philadelphia Office, Northeast
   Region, Enforcement Bureau, dated March 3, 2010 ("LOI Response").

   ^ LOI Response at 2.

   ^ Id. Hilltop no longer operates on Kinton Knob Mountain, but an
   affiliated company, Compros, Inc., obtained a license under call sign
   WQLH893 to operate on the frequencies 452.2375 MHz, 452.3625 MHz, and
   461.4125 MHz from antenna structure number 1207856 on Kinton Knob Mountain
   in Bedford, Pennsylvania. See File No. 0004098883, granted January 26,
   2010.

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

   ^ 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,e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. Denied, 7
   FCC Rcd 3454 (1992).

   ^ 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."

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

   ^ 47 C.F.R. S 1.903(b).

   ^ Id.

   ^ The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon.
   denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.

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

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 1.903(a).

   ^8 See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 11-84

                                       3

   Federal Communications Commission DA 11-84

References

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