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

In the Matter of                        )
Licensee of Paging Station WPCA811      )    NAL/Acct.        No.  

Williamsport, Pennsylvania              )


Adopted:   December 13, 2000                           Released:  
December 14, 2000  

By the Chief, Technical and Public Safety Division, Enforcement 

                        I.   Introduction

     1.  In this Notice of Apparent Liability for Forfeiture,  we 
find that Checkpoint of Pennsylvania, Inc. (``Checkpoint''),  has 
apparently violated   Section 301  of the  Communications Act  of 
1934, as  amended  (``Act''),  1  and  Section  1.903(a)  of  the 
Commission's Rules  (``Rules''),2  by  operating  Paging  Station 
WPCA811 without a  valid Commission  authorization.  We  conclude 
that Checkpoint is apparently liable for a monetary forfeiture in 
the amount of five thousand dollars ($5,000).  

                         II.  Background

     2.  Checkpoint's  authorization for  Paging Station  WPCA811 
expired on March 4, 1999.  On December 16, 1999, Checkpoint filed 
an application for renewal of the authorization for that  station 
and requested  a  waiver  of  Section  1.949(a)  of  the  Rules.3  
Checkpoint's waiver request indicates that it apparently operated 
its paging system without an authorization between March 4,  1999 
and December 16, 1999.  On April 3, 2000, the Commission  granted 
Checkpoint's waiver  request  and  reinstated  its  authority  to 
operate Station WPCA811. 

                         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 1.903(a) of the Rules  provides, 
in pertinent part, that paging  stations must be operated with  a 
valid Commission  authorization.    We conclude  that  Checkpoint 
operated a paging station without  a valid license between  March 
4, 1999 and December 16,  1999, in apparent willful and  repeated 
violation of Section 301 of the  Act and Section 1.903(a) of  the 

     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.''6  In  this case,  Checkpoint 
operated without a valid license  for over nine months after  the 
license expired.  

     5.  The guidelines contained in The Commission's  Forfeiture 
Policy Statement and Amendment  of Section 1.80  of the Rules  to 
Incorporate the Forfeiture  Guidelines, 12 FCC  Rcd 17087,  17113 
(1997), recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture Policy 
Statement''), 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  Act7 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, 
Checkpoint 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, Checkpoint had  previously 
been licensed, so this is  not comparable to ``pirate''  wireless 
operations, which typically have  been subject to forfeitures  of 
approximately $10,000.8  Taking these facts into consideration in 
conjunction with 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
     6.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act9 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules10 Checkpoint 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 

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 and the guidelines enumerated  in 

the Forfeiture Policy Statement.

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

the Rules, within thirty  days of the release  of this NOTICE  OF 

APPARENT LIABILITY, Checkpoint SHALL PAY  the full amount of  the 

proposed forfeiture  or SHALL  FILE a  written statement  seeking 

reduction or cancellation of the proposed forfeiture.

     8.   Payment of the  forfeiture may be made  by a check,  or 

similar  instrument,  payable  to   the  order  of  the   Federal 

Communications  Commission,   and   mailed  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.:????? 200132100010.

     9.   The  response,  if  any,  must  be  mailed  to  Federal 

Communications Commission, Enforcement
Bureau, Technical and  Public Safety Division,  445 12th  Street, 

S.W., Washington, D.C.  20554, Ref: EB-00-TS-292, NAL/Acct.  No.: 


     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, 

S.W., Washington, D.C. 20554.11

     12.   IT IS FURTHER ORDERED THAT this notice shall be  sent, 
by certified  mail,  return  receipt requested,  to  counsel  for 
Checkpoint Telephone Company, William J. Franklin, Esquire,  1200 
G Street, N.W., Suite 800, Washington, DC  20005-3814.

                              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(a).  This  Section provides,  in  pertinent 
part, that ``[a]pplications 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 14 FCC Rcd at 11486.

7 47 U.S.C. 503(b)(2)(D).

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

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, and 1.80.

11 See 47 C.F.R.  1.1914