******************************************************** 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 ) ) 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).