******************************************************** 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 ) ) PNI Spectrum, LLC ) ) Case No. 99-0210 Licensee of Station KNKG726, ) File. No. 820EF0021 Daytona Beach, Ferndale, Haines City, ) Tampa, Punta Gorda, Lakeland, Ruskin, ) Pinellas Park, Venice, Winterhaven, and ) Sarasota, Florida ) ) Licensee of Station KNLW201, ) Barberville, Florida ) ) Licensee of Station KNLW202, ) Umatilla, Florida ) MEMORANDUM OPINION AND ORDER Adopted: June 16, 2000 Released: June 19, 2000 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion & Order, we grant the petition for reconsideration filed by PNI Spectrum, LLC (``PNI'') of the October 20, 1999 Memorandum Opinion and Order in this proceeding,1 and reduce the $78,000 forfeiture assessed against PNI to $25,000. 2. PNI's predecessor-in-interest, a public land mobile licensee, filed applications with the Commission requesting authority to expand existing service to additional locations. While these applications were still pending, the licensee filed an assignment application requesting assignment of its licenses to PNI, which the Commission's staff granted. PNI subsequently constructed and began operation at 13 locations in the mistaken belief that Commission staff had granted the pending applications for such facilities when, in fact, the relevant grant related solely to the assignment of the licenses to PNI. When it discovered its mistake, PNI promptly ceased service and reported the situation to the Commission. 3. We agree with PNI that the forfeiture should be reduced for three reasons: (1) PNI's 13 violations all stemmed from a single mistake; (2) PNI has an otherwise unblemished record of compliance with the Commission's Rules; and (3) PNI voluntarily ceased service upon discovery of its mistake, at significant cost to itself, and did not simply file for Special Temporary Authorization and continue its unauthorized operation. In light of these facts and circumstances, we reduce the forfeiture to $25,000. ORDERING CLAUSES 4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.106 of the Rules, 47 C.F.R. § 1.106, PNI's petition for reconsideration of the October 20, 1999 Order for File No. 820EF0021 IS GRANTED. In consideration of the facts and circumstances surrounding the violations, as well as PNI's history of compliance with the Commission's Rules, we reduce the amount of the forfeiture to $25,000. 5. IT IS FURTHER ORDERED that payment of the forfeiture shall be made in the manner provided for in section 1.80 of the Commission's Rules2 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.3 Payment 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 ``File No. 820EF0021'' referenced above. Requests for full payment under an installment plan should be sent to: Chief, Credit and Debt Management Center, 445 12th Street, S.W., Washington, D.C. 20554.4 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return?receipt requested, to PNI Spectrum, LLC, in care of its counsel of record, Elizabeth R. Sachs, Lukas, Nace, Gutierrez & Sachs, Chartered, 1111 19th Street N.W., Suite 1200, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 14 FCC Rcd 17677 (WTB 1999). 2 47 C.F.R. § 1.80. 3 47 U.S.C. § 504(a). 4 See 47 C.F.R. § 1.1914.