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

In the Matter of                        )
The Ohio Bell Telephone Company         )    File  No.  EB-00-TS-

Licensee of Paging Station KQD612       )    NAL/Acct.        No. 

Dayton, Ohio                       )


     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 Ohio  Bell Telephone  Company (Ohio  Bell), operated  a 
paging  system  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 Ohio  Bell is  apparently 
liable for a forfeiture  in the amount  of five thousand  dollars 

                         II.  Background

     2.   Ohio  Bell's  authorization  for  Public  Mobile  Radio 
Station KQD612, expired  on September 9,  1999.  On December  14, 
1999,  Ohio  Bell  filed  an  application  for  renewal  of   the 
authorization for  that  station  and  requested  the  waiver  of 
Section 1.949  of the  Commissions  Rules.3  Ohio  Bell's  waiver 
request indicates  that  Ohio  Bell  apparently  operated  paging 
facilities without authorization  between September  9, 1999  and 
December 14, 1999.  On February 20, 2000, the Commission  granted 
Ohio Bell's  waiver  request  and  reinstated  its  authority  to 
operate Station KQD612. 

                         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 Ohio  Bell operated a  paging station without  a 
valid license between September 9, 1999 and December 14, 1999, 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,  Ohio  Bell  operated 
without a  license  and filed  a  renewal application  after  its 
license expiration.

     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, Ohio Bell  failed to  file an application  for renewal  and 
operated a station under  circumstances where the Commission  has 
envisioned  ``more   significant  fines   or  forfeitures''   for 
violations in excess of  30 days.  On the  other hand, Ohio  Bell 
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 Ohio Bell 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 


of 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 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.:????? 200132100007.

     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-079; NAL/Acct. No.: 200132100007.

     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  Ohio 
Bell Telephone  Company, Skadden,  Arps, Slate,  Meagher &  Flom, 
Attention David H. Pawlik, 1440 New York Avenue, NW,  Washington, 
DC  20005.

                              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