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                         Before the
                   Washington, D.C.  20554

In the Matter of                        )    
                              )    File No. EB-98-DV-322
TACO TIME                     )    NAL Acct. No. 815DV0002
Rock Springs, Wyoming                   )          

                       CONSENT DECREE

1.   The  Enforcement Bureau  of the  Federal Communications 
   Commission (the ``Commission'') and  TACO TIME RESTAURANT 
   (``TACO TIME'') hereby enter into this Consent Decree for 
   the  purpose  of  terminating   a  forfeiture  proceeding 
   arising from  an  investigation  related to  TACO  TIME's 
   unlicensed radio operations on 154.54 MHz  and 154.51 MHz 
   in April and May, 1998.

2.   Prompted by a complaint,  the Commission's Denver Field 
   Office  monitored  and   identified  TACO   TIME's  radio 
   transmissions  on  Private  Land   Mobile  Radio  Service 
   frequency 154.54 MHz on April 10,  1998.  Upon inspection 
   of the station by FCC agents, employees of TACO TIME were 
   unable to  produce a  valid FCC  authorization for  their 
   transmissions on 154.54 MHz, or for  any other frequency.  
   TACO TIME was warned both orally and  in writing to cease 
   all unlicensed radio operations and  instructed to obtain 
   the appropriate  FCC  license  before recommencing  radio 
   activities.  A subsequent investigation by  FCC agents on 
   May 22, 1998  found that TACO  TIME was  conducting radio 
   transmissions on 154.51  MHz, and  again found  that TACO 
   TIME's employees  were  unable  to  produce a  valid  FCC 
   license authorizing such radio transmissions.  On May 26, 
   1998, the Denver Field  Office contacted TACO  TIME about 
   the unlicensed radio use.  TACO TIME admitted that it had 
   continued to operate the radio system after receiving the 
   warnings, but  was  unable  to  provide any  evidence  of 
   authority for  its  operation  on  either 154.54  MHz  or 
   154.51 MHz.

3.   On June 19, 1998,  the Commission's Denver Field Office 
   issued a  Notice  of  Apparent Liability  for  Forfeiture 
   (``NAL''), finding  TACO  TIME  apparently liable  for  a 
   forfeiture in the amount of $11,000.1   The NAL concluded 
   that TACO  TIME  had  committed  ``willful  and  repeated 
   violations of Section  301 of  the Communications  Act of 
   1934, as  amended  (``Act''),''2  by  operating  a  radio 
   transmitter without a  license, and  continuing to  do so 
   after receiving  oral  and  written  warnings  that  such 
   conduct violated the Act.

4.   On July 8, 1999, TACO  TIME submitted a response to the 
   NAL in  which it  admitted that  TACO TIME  had used  the 
   radio system without a  license even after it  was warned 
   not to do so,  but claimed to have  subsequently obtained 
   an FCC Form  572, Temporary Permit  to Operate a  Part 90 
   Radio Station, on May 30, 1998.   TACO TIME also asserted 
   that an $11,000 fine would be an overwhelming hardship to 
   the business. 

5.   On  February  16,  1999,   the  former  Compliance  and 
   Information Bureau  issued a  Forfeiture Order  affirming 
   the $11,000  forfeiture  amount.3   The Forfeiture  Order 
   noted that TACO  TIME did not  obtain a  Temporary Permit 
   for its  operations  until  after  the  violations  which 
   formed the  basis for  the forfeiture  had occurred,  and 
   that TACO  TIME  had  continued  to  operate  the  system 
   despite being warned of its violation of the Act.

6.   On  March  11,  1999,  TACO  TIME  submitted  a  letter 
   requesting review of the case.  In that letter, TACO TIME 
   argued that it was not trying to  circumvent the rules by 
   changing to  a  different  frequency after  being  warned 
   about its unlicensed  operation, but had  merely switched 
   operations from 154.54 MHz to 154.51  MHz after the first 
   warning because it  had already submitted  an application 
   for the necessary  license on 154.51  MHz, it  needed the 
   radio system  for  the  restaurant's operations,  and  it 
   sought to avoid causing interference on  154.54 MHz. TACO 
   TIME also  attached copies  of its  corporate income  tax 
   returns for 1995, 1996  and 1997 in support  of its claim 
   that the  $11,000  forfeiture  would impose  a  financial 

7.   On November  29, 1999,  the Bureau issued  a Memorandum 
   Opinion and  Order  (``MO&O'')  reaffirming  the  $11,000 
   forfeiture, in which the Bureau reiterated that TACO TIME 
   had a responsibility to ensure that  it complied with the 
   Act and  the Commission's  Rules  for use  of the  radios 
   prior to  their operation  on any  frequency.4  The  MO&O 
   found TACO  TIME's  continued  operation  of  the  radios 
   without authorization,  even  after  receiving  oral  and 
   written warnings,  inexcusable.  The  MO&O further  noted 
   that TACO TIME's gross revenues exceeded  $1.2 million in 
   each of the three years presented in the tax returns, and 
   concluded that an $11,000 forfeiture was not excessive as 
   it would amount to  less than one percent  of TACO TIME's 
   gross revenues. 

8.   On  March 10,  2000, TACO  TIME conferred  by telephone 
   with Commission  staff.  At  this  conference, TACO  TIME 
   informed  the  Commission  that  it   had  rectified  the 
   violations shortly  after the  inspections by  the Denver 
   Field  Office,  and  had  been  in  compliance  with  the 
   Commission's Rules for  more than a  year.  Prior  to the 
   telephone conference, TACO TIME had applied  for and been 
   granted a  license  to  operate  a radio  transmitter  on 
   frequency 468.48750 MHz  with five  watts of  power.  The 
   license for  Station  WPMN593 was  issued  on October  7, 

9.   For the purposes of  this Consent Decree, the following 
   definitions shall apply:

     (a)  The     ``Commission''    means     the    Federal 
        Communications Commission.
     (b)  The ``Bureau'' means the Enforcement Bureau of the 
     (c)  ``TACO  TIME''  means  Taco  Time  Restaurants,  a 
        Commission  licensee in  the  Private  Mobile  Radio 
        Service, Call Sign WPMN593.
     (d)  ``MO&O'' means  Taco Time,  15 FCC Rcd  1319 (Enf. 
        Bur. 1999).
     (e)  ``Unlicensed   Operations''    means   the   radio 
        transmissions  made  by  TACO  TIME   prior  to  the 
        issuance  of the  license  for  Station  WPMN593  on 
        October 7, 1998. 
     (f)  ``Enforcement Proceeding'' means the investigation 
        of and  the series  of Commission  orders concerning 
        the  Unlicensed  Operations,  culminating  with  the 
     (g)  The  ``Order'' means  the Bureau's  order adopting 
        this Consent Decree.
     (h)  The ``Act'' means the  Communications Act of 1934, 
        as amended, 47 U.S.C.  151 et seq.

10.  TACO TIME  acknowledges and agrees that  the Commission 
   has jurisdiction  over  the  matters referenced  in  this 
   Consent Decree and that  the Bureau has the  authority to 
   enter into and adopt this Consent Decree.  

11.  TACO TIME  agrees not  to contest  the findings  in the 
   MO&O that TACO TIME  violated Section 301 of the Act with 
   respect to  the  radio transmissions  on  154.54 MHz  and 
   154.51 MHz prior to October 7,  1998, provided that these 
   findings shall  not be  used by  the Bureau  against TACO 
   TIME in any  other current  or future  proceedings before 
   the Bureau, except as  set forth in paragraph  18 of this 
   Consent Decree.

12.  TACO TIME and the Bureau agree that this Consent Decree 
   does not constitute an adjudication of the merits, or any 
   finding on  the  facts or  law  regarding any  violations 
   committed by  TACO TIME  arising out  of the  Enforcement 

13.  TACO TIME  shall make  a voluntary contribution  to the 
   United States Treasury in the amount  of $1,500 within 15 
   calendar days  after  the  Order  adopting  this  Consent 
   Decree is no longer subject to reconsideration, appeal or 
   review in accordance  with the  Act and  the Commission's 

14.  TACO   TIME  agrees   to   implement  a   comprehensive 
   Compliance Program  to ensure  continued compliance  with 
   the Communications  Act and  the  Commission's Rules  and 
   policies.  The Compliance Program shall require that TACO 
   TIME's license for  operation of  a radio  transmitter in 
   the Private Mobile Radio Service (``PMRS'') shall be kept 
   current and maintained in good standing  for the duration 
   of TACO TIME's use  of PMRS frequencies in  the course of 
   its business  operations.  In  an effort  to ensure  that 
   such violations  do  not recur,  TACO  TIME will  further 
   designate one TACO TIME employee as  the point of contact 
   for all matters related  to the license, and  will notify 
   the Commission of this assignment.

15.  TACO  TIME and  the Bureau  acknowledge and  agree that 
   this Consent Decree  shall constitute a  final settlement 
   between them. 

16.  In   express   reliance    upon   the   covenants   and 
   representations contained  herein, the  Bureau agrees  to 
   terminate the Enforcement Proceeding at such  time as the 
   Bureau adopts this Consent Decree.

17.  TACO TIME waives any and all rights it may have to seek 
   administrative  or   judicial  reconsideration,   review, 
   appeal or stay, or to otherwise  challenge or contest the 
   validity of this  Consent Decree  and the  Order adopting 
   this  Consent  Decree,  provided  the  Order  adopts  the 
   Consent Decree without modification.

18.  In the event that TACO  TIME is found by the Commission 
   or its delegated authority to have engaged in conduct the 
   same or similar to that described in  paragraph 2 of this 
   Consent Decree, TACO TIME  and the Bureau agree  that the 
   apparent misconduct described in paragraph 2  may be used 
   by the Bureau  only to  fashion an  appropriate sanction, 
   provided  that  TACO  TIME  shall  not  be  precluded  or 
   estopped from  litigating  de novo  any  and  all of  the 
   issues arising from  the facts and  allegations presented 
   in the  NAL as  necessary to  defend, in  any forum,  its 
   interest from  challenge by  any person  or entity  not a 
   party to this Consent Decree.

19.  TACO TIME  and the Bureau agree  that the effectiveness 
   of this  Consent  Decree  is  expressly  contingent  upon 
   issuance of  the  Order, provided  the  Order adopts  the 
   Consent Decree without modification.  

20.  TACO TIME and  the Bureau agree that, in  the event any 
   court of  competent  jurisdiction  renders  this  Consent 
   Decree invalid, the Consent Decree shall  become null and 
   void and  may not  be used  in  any manner  in any  legal 

21.  TACO TIME and the Bureau agree that, if the Commission, 
   or the United States on behalf  of the Commission, brings 
   a judicial  action  to enforce  the  terms  of the  Order 
   adopting this Consent Decree,  neither TACO TIME  nor the 
   Commission will  contest  the  validity  of  the  Consent 
   Decree or Order, and  TACO TIME will waive  any statutory 
   right to a trial de novo with respect  to the matter upon 
   which the Order is based, and shall consent to a judgment 
   incorporating the terms of this Consent Decree.   

22.   TACO TIME agrees to  waive any claims it may otherwise 
   have under the  Equal Access to  Justice Act, 5  U.S.C.  
   504 and 47 C.F.R.  1.1501 et seq.

23.  TACO  TIME agrees  that  any violation  of the  Consent 
   Decree or  the Order  adopting this  Consent Decree  will 
   constitute a  separate violation  of a  Commission order, 
   entitling the  Commission  to  exercise  any  rights  and 
   remedies attendant  to the  enforcement  of a  Commission 
   order.24.  Any  provision of  this Consent  Decree affected  by or 
   inconsistent with any subsequent rule or order adopted by 
   the Commission will be superseded by such Commission rule 
   or order.

25.   This Consent Decree may be signed in counterparts.


By:  __________________________         ____________
     David H. Solomon                   Date
     Chief, Enforcement Bureau


By:  ______________________             ___________ 
     Leland Staley                      Date


     1   Notice of  Apparent Liability  for Forfeiture,  NAL 
Acct.  No. 815DV0002  (Compl.  & Inf.  Bur., Denver  Office, 
released June 19, 1998).

     2 47 U.S.C.  301.
     3 Taco Time, 14 FCC Rcd 2904 (Compl. & Inf. Bur. 1999).

     4 Taco Time, 15 FCC Rcd 1319 (Enf. Bur. 1999).