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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                             )
JOE L. FORD, d/b/a                      )    
   FORD COMMUNICATIONS             )   
Licensee of Paging Stations KNKM966, KNKM224      )    
KNKL902, KNKO751 and KNKO274                    ) File No. EB-00-

Various Locations in Kentucky                )    NAL/Acct.   No.  



     Adopted:  November 27, 2000                       Released:  
November 29, 2000

By the Chief, Enforcement Bureau:

                        I.   Introduction

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Joe L. Ford, d/b/a Ford Communications (Ford), operated 
paging systems  without  Commission  authorization,  in  apparent 
violation of  Section  301  of the  Communications  Act  of  1934 
(``Act'')1, as  amended, and  Section  22.3 of  the  Commission's 
Rules (``Rules'').2  We conclude  that Ford is apparently  liable 
for a forfeiture in the amount of five thousand dollars ($5,000).  

                         II.  Background

     2. Ford's  authorization for  Public Mobile  Radio  Stations 
KNKM966, KNKM224, KNKL902, KNKO751 and KNKO274, expired on  April 
1, 1999.   On March 7, 2000, Ford filed applications for  renewal 
of the authorizations for the  stations and requested the  waiver 
of Section 1.949 of the Commissions Rules.3 Ford's waiver request 
indicates that Ford apparently operated paging facilities without 
authorization between April 1, 1999 and March 7, 2000.   On April 
20, 2000,  the  Commission  granted  Ford's  waiver  request  and 
reinstated its authority  to operate  Stations KNKM966,  KNKM224, 
KNKL902, KNKO751 and KNKO274. 

                         III. Discussion

     3.  Section 301 of  the Act sets  forth the general  mandate 

that no  person  shall  use  or operate  any  apparatus  for  the 

transmission of  energy or  communications  or signals  by  radio 

within the United States except under and in accordance with  the 

Act and with a license.  Section 22.3 of the Commission's Rules 
provides, in pertinent part, that  stations in the Public  Mobile 
Service must be operated  with a valid Commission  authorization.   
We conclude  that Ford  operated  paging stations  without  valid 
licenses between April 1,  1999, and March  7, 2000, in  apparent 
willful  and   repeated  violation   of   Section  301   of   the 
Communications Act and Section 22.3 of the Rules.

     5.  The Commission  has stated that  ``The Wireless  Bureau, 
after reviewing all  the facts and  circumstances concerning  the 
late filing of [a] renewal  application, may, in its  discretion, 
also initiate enforcement action against  the licensee for . .  . 
unauthorized operation.  . . .''  4  In addition, the  Commission 
stated that applications for renewal  received more than 30  days 
after expiration of  the license may  lead to ``more  significant 
fines or  forfeitures.''5  In  this case,  Ford operated  without 
valid licenses and filed renewal applications after the  licenses 

     6.  The guidelines contained in the Commission's  Forfeiture 
Policy Statement, 12 FCC Rcd 17087, 17113 (1997), recon.  denied, 
15 FCC  Rcd  303 (1999),  specify  a base  forfeiture  amount  of 
$10,000 for operation without an instrument of authorization  for 
the service.   Section  503(b)(2)(D)  of the  Act6  requires  the 
Commission to consider  ``the  nature, circumstances, extent  and 
gravity of the violation, and, with respect to the violator,  the 
degree of culpability, any history of prior offenses, ability  to 
pay, and such other matters  as justice may require.''   In  this 
case, Ford failed to file  applications for renewal and  operated 
paging stations  under  circumstances where  the  Commission  has 
envisioned  ``more   significant  fines   or  forfeitures''   for 
violations in excess  of 30 days.   On the other  hand, Ford  had 
previously been licensed, so this is not comparable to ``pirate'' 
wireless  operations,  which  typically  have  been  subject   to 
forfeitures of approximately $10,000.7   Taking these facts  into 
consideration  and  all  of  the  factors  required  by   Section 
503(b)(2)(D) of the Act and  the Forfeiture Policy Statement,  we 
conclude that a forfeiture of $5,000 is warranted.

                      IV.  Ordering Clauses
     7.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act8 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules9, Ford is hereby NOTIFIED  of its APPARENT LIABILITY FOR  A 

FORFEITURE in the amount of $5,000 for violation of  Section  301 

of the Communications Act of  1934, as amended, and Section  22.3 

of the Commission's Rules.   The amount specified was  determined 

after  consideration  of  the   factors  set  forth  in   Section 

503(b)(2)(D) of  the  Act,  47 U.S.C.    503(b)(2)(D),  and  the 

guidelines enumerated in the Forfeiture Policy Statement.

     8.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 

the Commission's Rules, within thirty days of the release of this 


the proposed forfeiture or SHALL FILE a written statement seeking 

reduction or cancellation of the proposed forfeiture.

     9.   Payment  of the  forfeiture may  be made  by mailing  a 

check or similar instrument, payable to the order of the  Federal 

Communications Commission, to the Forfeiture Collection  Section, 

Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 

73482, Chicago, Illinois 60673-7482.  The payment should note the 

NAL/Acct. No.:  200132100005. 

     10.   The  response  if  any  must  be  mailed  to   Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety  Division, 445  12th Street,  SW, Washington,  D.C.  

20554, Ref: EB-00-TS-149; NAL/Acct. No.: 200132100005.

     11.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the petitioner's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 
SW, Washington, D.C. 20554.10

     13.   IT IS FURTHER ORDERED THAT this notice shall be  sent, 
by certified mail, return receipt  requested, to counsel for  Joe 
L. Ford, d/b/a Ford Communications, Lewis H. Goldman Law Offices, 
Attention Lewis  H. Goldman,  4141  North Henderson  Road,  Plaza 
Suite 9, Arlington, Virginia  22203.

                              FEDERAL COMMUNICATIONS COMMISSION

                              David H. Solomon
                              Chief, Enforcement Bureau


1  47 U.S.C.  301.

2 47 C.F.R.  22.3.

3 47 C.F.R.  1.949.  This Section provides , in pertinent  part, 
that ``Applications for renewal of authorizations in the Wireless 
Radio Services must be filed no later than the expiration date of 
the authorization for which renewal is 
sought. . . .'' 

4 The enforcement responsibilities of the Wireless 
Telecommunications Bureau are now with the Enforcement Bureau.  
See 47 C.F.R.  0.111.

5   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 System in the Wireless Telecommunications Services, 
Memorandum Opinion and Order upon reconsideration, 14 FCC Rcd 
11476, 11485-11486 (1999).

6 47 U.S.C. 503(b)(2)(D).

7 See, e.g., Jean R. Jonassaint, 15 FCC Rcd 10422 (Enf. Bur. 

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, and 1.80.

10 See 47 C.F.R.  1.1914