******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) City of Redondo Beach ) File No. EB-99-TS-020 Redondo Beach, California ) Licensee of Station KMM563 ) NAL/Acct. No. 92EF0049 FORFEITURE ORDER Adopted: June 5, 2000 Released: June 6, 2000 By the Chief, Enforcement Bureau: 1. In this order, we issue a monetary forfeiture in the amount of $2,000 against the City of Redondo Beach, California (``Redondo Beach'') for willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (``Act''), 47 U.S.C. § 301, former Section 90.113 of the of the Commission's Rules (``Rules''), 47 C.F.R. § 90.113 and current Section 1.903(a) of the Rules, 47 C.F.R. § 1.903(a). These violations involve unauthorized operation following expiration of a license. 2. On February 12, 1999, rules implementing the Commission's Universal Licensing System became effective. The requirement to have an authorization, formerly contained in Section 90.113 of the Commission's Rules, became contained in Section 1.903(a) of the Commission's Rules. See Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 24, 26,27,80, 87, 90, 95, 97 and 101 of the Commission's Rules to Facilitate the Development and Use of the Universal Licensing Service in the Wireless Telecommunications Services, 13 FCC Rcd 21027 (1998). Section 90.113 of the Commission's Rules was the applicable rule from May 6, 1998 to February 11, 1999. On May 11, 1999 Redondo Beach filed a request for Special Temporary Authority requesting authorization to continue the station's operations. Thus, the new rule is also applicable because Redondo Beach did not request Special Temporary Authority until May 11, 1999, a date after the effective date of Section 1.903(a) of the Commission's Rules. 3. On July 26, 1999, the Commission's Wireless Telecommunications Bureau issued a Notice of Apparent Liability (``NAL'') for a $2,000 monetary forfeiture. Redondo Beach has not filed a response. Based on the information before us, we affirm this forfeiture. 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C. § 503(b), and Sections 0.111, 0.311 and 1.80 of the Rules, 47 C.F.R. §§ 0.111, 0.311 and 1.80, the City of Redondo Beach, California IS LIABLE FOR A MONETARY FORFEITURE in the amount of $2,000 for willful and repeated violations of Section 301 of the Act, former Section 90.113 of the Rules, and current Section 1.903(a) of the Rules. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules, 47 C.F.R. § 1.80, within thirty (30) days of the release of this Forfeiture 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, 47 U.S.C. § 504(a). Payment of the forfeiture may be made by credit card through the Commission's Credit and Debt Management Center at (202) 418-1995 or by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct number referenced above. Requests for full payment under installment plans should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554. 6. IT IS FURTHER ORDERED THAT a copy of this FORFEITURE ORDER shall be sent by Certified Mail, return receipt requested, to Paul Connolly, City Manager, City of Redondo Beach, 415 Diamond Street, P.O. Box 270, Redondo Beach, California 90277- 0270. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau