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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
PCS Communications, Inc. ) File No. EB-99-PA-185
1111 Lincoln Avenue )
Prospect Park, Pennsylvania ) NAL/Acct. No. 915PA0009
MEMORANDUM OPINION AND ORDER
Adopted: August 19, 2000 Released: August 21,
2000
By Chief, Enforcement Bureau:
· 1. In this Memorandum Opinion and Order (``Order''), we cancel
a Notice of Apparent Liability for Forfeiture (``NAL'') that
was issued by the former Compliance and Information Bureau to
PCS Communications, Inc. (``PCS Communications'') for apparent
violations of Sections 301 and 333 of the Communications of
1934, as amended (``Act'').1 The violations involved PCS
Communications' alleged operation of a radio station on
810.5125 MHz without Commission authorization that caused
interference to a Commission licensee.
2. During March and April of 1999, the Commission's
Philadelphia, Pennsylvania Field Office (``Field Office'')
investigated complaints from Jack Coupe Communications, Inc.
(``Coupe''), a Commission licensee, that its repeater was
receiving interference. The Field Office's investigation
revealed that PCS Communications was apparently operating a radio
station without Commission authorization that was apparently
responsible for the interference to Coupe's repeater.
Consequently, on August 23, 1999, the Field Office District
Director issued a $20,000 NAL to PCS Communications for allegedly
violating Sections 301 and 333 of the Act.2 PCS Communications
responded to the NAL on September 22, 1999, and filed a
supplemental response on February 22, 2000.
3. In its response to the NAL, PCS Communications raises
several issues regarding the Field Office's investigation of
Coupe's complaints and alleges that the record is neither
accurate nor complete.
4. After reviewing the particular circumstances in this
case, and per the discretion authorized by Section 504(b) of the
Act,3 and as provided by Section 1.80(f)(4) of the Rules,4 we
conclude that cancellation of the NAL is warranted.
5. Accordingly, IT IS ORDERED that, pursuant to Section
504(b) of the Act and Section 1.80(f)(4) of the Rules, the NAL
issued to PCS Communications, Inc. IS CANCELLED.
6. IT IS FURTHER ORDERED that, a copy of this Order shall
by sent by certified mail, return receipt requested, to PCS
Communications, Inc., 1111 Lincoln Avenue, Prospect Park,
Pennsylvania 19076, and to its counsel, Robyn G. Nietert, Esq.,
Brown Nietert & Kaufman, 1920 N Street, N.W., Suite 660,
Washington, D.C. 20035.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. §§ 301 and 333.
2 PCS Communications, Inc., NAL/Acct. No. 915PA0009 (Compl. &
Inf. Bur., Philadelphia Office, Aug. 23, 1999).
3 47 U.S.C. § 504(b).
4 47 C.F.R. § 1.80(f)(4).