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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Lubbock Aero
Lubbock, Texas
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File No.: EB-SED-13-00008250
NAL/Acct. No.: 201032100020
FRN: 0018657619
MEMORANDUM OPINION AND ORDER
Adopted: March 31, 2014 Released: March 31, 2014
By the Senior Deputy Chief, Spectrum Enforcement Division, Enforcement Bureau:
We deny a Petition filed by Lubbock Aero seeking reconsideration of a ten thousand dollar ($10,000) forfeiture issued by the Spectrum Enforcement Division of the Enforcement Bureau (Division). We take this action as part of our duty to prevent unlicensed radio operations from dangerously interfering with authorized radio communications in the United States. By engaging in unlicensed operation on a frequency reserved for aviation support stations, Lubbock Aero risked interfering with properly authorized aeronautical radio communications involving aviation and public safety.
On January 29, 2014, the Division released a Forfeiture Order, which imposed a $10,000 forfeiture against Lubbock Aero for its willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act), and Section 1.903(a) of the Commission's rules (Rules). In its Petition, Lubbock Aero argues that the Forfeiture Order is inconsistent with the Supreme Court's 2012 Fox decision because the Forfeiture Order establishes a "bright line test" for aviation support stations -- that a forfeiture of at least $10,000 will be assessed for unauthorized operation on a frequency reserved for aviation support stations without regard to the facts and circumstances of the case -- without providing advance notice of such change. This argument is without merit.
Lubbock Aero concedes that it operated on frequency 123.300 MHz without Commission authority in violation of Section 301 of the Act and Section 1.903(a) of the Rules. Section 503(b) of the Act and Section 1.80(a) of the Rules provide that any person who willfully or repeatedly fails to comply with the provisions of the Act or the Rules shall be liable for a forfeiture penalty. In light of the applicable statutory factors, the Rules, and the Forfeiture Policy Statement, the Division assessed the base forfeiture amount of $10,000 for Lubbock Aero's unauthorized operation. The Forfeiture Order neither broke new ground nor established a bright line test, and we therefore deny Lubbock Aero's Petition.
Accordingly, IT IS ORDERED that, pursuant to Sections 4(i) and 405 of the Communications Act of 1934, as amended, and Sections 0.111, 0.311, and 1.106 of the Commission's rules, the Petition for Reconsideration filed by Lubbock Aero is hereby DENIED and the Forfeiture Order IS AFFIRMED.
IT IS FURTHER ORDERED that pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the Commission's rules, Lubbock Aero IS LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended, and Section 1.903(a) of the Commission's rules. This matter has been referred to the U.S. Department of Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Communications Act of 1934, as amended.
IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall be sent by first class mail and certified mail return receipt requested to Richard Casler, Vice President/General Manager, Lubbock Aero, 6304 North Cedar Avenue, Lubbock, TX 79403-6842, and to Dennis P. Corbett, Esq., Counsel for Lubbock Aero, Lerman Senter PLLC, 2000 K Street, NW, Suite 600, Washington, DC 20006-1809.
FEDERAL COMMUNICATIONS COMMISSION
Ricardo M. Durham
Senior Deputy Chief, Spectrum Enforcement Division
Enforcement Bureau