*Pages 1--3 from Microsoft Word - 5108.doc* Federal Communications Commission DA- 00- 2668 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) DATA INVESTMENTS, INC. ) d/ b/ a STAR COMMUNICATIONS ) Licensee of Paging Stations KNKC938 ) KNKJ977, KNKC272 and KNKC934 ) File No. EB- 00- TS- 146 Cape Girardeau, Missouri ) NAL/ Acct. No. 200132100008 NOTICE OF APPARENT LIABILITY FOR FORFEITURE 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 Data Investments, Inc., d/ b/ a Star Communications (Star Communications), 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 Star Communications is apparently liable for a forfeiture in the amount of five thousand dollars ($ 5, 000). II. Background 2. Star Communications’ authorization for Public Mobile Radio Stations KNKC938, KNKJ977, KNKC272 and KNKC934, expired on April 1, 1999. On December 27, 1999, Star Communications filed applications for renewal of the authorizations for the stations and requested the waiver of Section 1.949 of the Commissions Rules. 3 Star Communications’ waiver request indicates that Star Communications apparently operated paging facilities without authorization between April 1, 1999 and December 27, 1999. On March 20, 2000, the Commission granted Star Communications’ waiver request and reinstated its authority to operate Stations KNKC938, KNKJ977, KNKC272 and KNKC934. 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 22.3 of the Commission’s Rules 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. . . .” 1 Federal Communications Commission DA- 00- 2668 2 provides, in pertinent part, that stations in the Public Mobile Service must be operated with a valid Commission authorization. We conclude that Star Communications operated paging stations without valid licenses between April 1, 1999, and December 27, 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, Star Communications operated without valid licenses and filed renewal applications after the licenses expired. 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 Act 6 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, Star Communications 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, Star Communications 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 Act 8 and Sections 0.111, 0. 311 and 1.80 of the Rules 9 , Star Communications 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. 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. 2000). 8 47 U. S. C. § 503( b). 9 47 C. F. R. §§ 0. 111, 0.311, and 1.80. 2 Federal Communications Commission DA- 00- 2668 3 8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules, within thirty days of the release of this NOTICE OF APPARENT LIABILITY, Star Communications SHALL PAY the full amount 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.: 200132100008. 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- 146; NAL/ Acct. No.: 200132100008. 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 submitted. 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 Timothy J. Singleton, Data Investments, Inc., d/ b/ a Star Communications, P. O. Box 537, Cape Girardeau, Missouri 63702- 0537. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 10 See 47 C. F. R. § 1.1914 3