Click here for Microsoft Word Version

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 (above).


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

In the Matter of                        )
Licensee of Specialized Mobile Radio Stations     ) 
WPFV467, WPFV649, WPFV705, WPFV707,     )
WPFV709, WPFV852, WPFV924, WPFV929,     )
WPFV961, WPFV962 and WPFU496       )    File No. EB-00-TS-232
 Various locations in North Carolina and          )    NAL/Acct. 

No.  200132100009
 Virginia                     )    

Adopted:  December 7, 2000                        Released:  
December 11, 2000 

By the Chief, Technical and Public Safety Division, Enforcement 

                        I.   Introduction

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that  Commercial  Radio Service  Corp.  (Commercial  Radio), 
operated 800  MHz  Conventional Specialized  Mobile  Radio  (SMR) 
stations without Commission authorization, in apparent  violation 
of Section 301 of the  Communications Act of 1934 (``Act'')1,  as 
amended,  and  Section   1.903(a)  of   the  Commission's   Rules 
(``Rules'').2  We  conclude that Commercial  Radio is  apparently 
liable for a  forfeiture in  the amount of  six thousand  dollars 

                         II.  Background

     2.  Commercial Radio's authorizations  for the SMR  stations 
expired on  the  dates  indicated:  WPFV467  (10/18/99),  WPFV649 
(10/21/99),  WPFV705  (10/21/99),  WPFV707  (10/21/99),   WPFV709 
(10/21/99),  WPFV852  (10/21/99),  WPFV924  (10/19/99),   WPFV929 
(10/20/99), WPFV961  (10/21/99), WPFV962  (10/21/99) and  WPFU496 
(10/11/99).  On   March   24,  2000,   Commercial   Radio   filed 
applications for renewal of  the authorizations for the  stations 
and requested  the waiver  of Section  1.949 of  the  Commissions 
Rules.3  Commercial   Radio's  waiver   request  indicates   that 
Commercial  Radio  apparently   operated  SMR  stations   without 
authorization between  October, 1999  and  March 24,  2000.    On 
August 8, 2000, the Commission granted Commercial Radio's  waiver 
request  and  reinstated  its  authority  to  operate  the  above 
mentioned SMR stations.                      
                           II.  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 1.903(a)  of the  Commission's 

Rules provides,  in  pertinent part,  that  stations in  the  SMR 

service must be operated  with a valid Commission  authorization.   

We conclude that Commercial  Radio operated SMR stations  without 

valid licenses  between  October, 1999  and  March 24,  2000,  in 

apparent willful and  repeated violation  of Section  301 of  the 

Communications Act and Section 1.903(a) of the Rules.

     4. In the Universal Licensing System Memorandum Opinion  and 
Order on Reconsideration(MO&O)4,  the Commission  noted that  the 
Wireless   Telecommunications   Bureau,   after   reviewing   the 
circumstances concerning a late  filed renewal application,  may, 
in its discretion, initiate enforcement action against a licensee 
for unauthorized operation.5  Moreover, the Commission stated  in 
the MO&O that applications for renewal received more than 30 days 
after  the  expiration  of  the   license  may  lead  to   ''more 
significant fines  or forfeitures.''   In this  case,  Commercial 
Radio operated  without  valid licenses  for  approximately  five 
months after the licenses expired.  

     5.  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, Commercial Radio  failed  to file applications for  renewal 
and operated  eleven  SMR stations  for  over five  months  under 
circumstances  where   the  Commission   has  envisioned   ``more 
significant fines or forfeitures'' for violations in excess of 30 
days.  On the  other hand, Commercial  Radio 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 into  consideration 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 
$6,000 is warranted.

                   III.      Ordering Clauses

     6.  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, Commercial  Radio  is  hereby NOTIFIED  of  its  APPARENT 

LIABILITY FOR A FORFEITURE in the amount of $6,000 for  violation 

of Section 301 of the Communications Act of 1934, as amended, and 

Section 1.903(a) 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.
     7.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 

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


amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 

statement seeking  reduction  or  cancellation  of  the  proposed 


     8.   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.:  200132100009.

     9.   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- 232, NAL/Acct. No.: 20032100009.

     10.  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 

     11.  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

     12.  IT IS FURTHER ORDERED  THAT this notice shall be  sent, 
by certified mail, receipt  requested, to counsel for  Commercial 
Radio Service Corp.,  Lukas, Nace, Gutierrez  & Sachs,  Attention 
Marilyn S. Mense, 1111 19th  Street, NW, 12th Floor,  Washington, 
DC 20036. 

                              FEDERAL COMMUNICATIONS COMMISSION

                              Joseph P. Casey
                              Chief, Technical and Public Safety 
                              Enforcement Bureau

1  47 U.S.C.  301.

2 47 C.F.R.  1.903(a).

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