*Pages 1--2 from Microsoft Word - 12501.doc* Federal Communications Commission DA 01- 2517 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Data Investments, Inc. ) File Number EB- 00- TS- 146 d/ b/ a Star Communications ) Licensee of Public Mobile ) Radio Stations KNKC938, ) KNKJ977, KNKC272, and KNKC934 ) Cape Girardeau, Missouri ) NAL/ Acct. No. 200132100008 MEMORANDUM OPINION AND ORDER Adopted: October 29, 2001 Released: October 31, 2001 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we deny the petition of Data Investments, Inc., d/ b/ a Star Communications (“ Star”), Cape Girardeau, Missouri, for reconsideration 1 of the Forfeiture Order 2 issued against Star for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended (“ Act”), 3 and Section 22. 3 of the Commission’s Rules (“ Rules”) 4 and affirm the Forfeiture Order. The noted violations involve Star’s operation of four Public Mobile (paging) radio stations, KNKC938, KNKJ977, KNKC272, and KNKC934, after its licenses for those stations had expired. 2. On November 29, 2000, the Chief, Enforcement Bureau (“ Bureau”), released a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of five thousand dollars ($ 5,000). 5 Star responded to the NAL on January 17, 2001. On April 11, 2001, the Bureau released its Forfeiture Order, which mitigated the forfeiture proposed by the NAL to $2,000. On May 4, 2001, Star filed a request for reconsideration of the Forfeiture Order. Star supplemented its request for reconsideration on September 10, 2001. 3. In requesting reconsideration, Star argues that $2, 000 is an excessive forfeiture amount for its error in mailing its renewal application to the wrong address. The $2,000 forfeiture amount is not excessive. In the Forfeiture Order, we took Star’s attempt to submit an application into account and mitigated the forfeiture from the $5,000 base amount to $2,000. No further reduction is warranted. Star also argues that it is unable to pay the forfeiture. We cannot 1 We are treating Star’s response to the Forfeiture Order as a petition for reconsideration, pursuant to 47 C. F. R. § 1.106. 2 Data Investments, Inc., 16 FCC Rcd 7905 (Enf. Bur., 2001). 3 47 U. S. C. § 301. 4 47 C. F. R. § 22. 3. 5 Data Investments, Inc., 15 FCC Rcd 23730 (Enf. Bur., 2000). 1 Federal Communications Commission DA 01- 2517 2 consider a claim of inability to pay without the necessary support. We informed Star in the NAL about the documentation needed to support a claim of inability to pay but Star has not furnished such documentation for consideration. 6 Finally, Star asserts that the Commission could improve Star’s financial position by getting another carrier to pay money that it owes to Star. Whether Star’s financial position could be improved in such a way is irrelevant to the issues in this proceeding. 4. We find that reconsideration of the Forfeiture Order is not warranted. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 405 of the Act 7 and Section 1.106 of the Rules, 8 Star’s petition for reconsideration of the April 11, 2001, Forfeiture Order IS DENIED and the Forfeiture Order IS AFFIRMED. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 9 within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504( a) of the Act. 10 Payment may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment should note the NAL/ Acct. No. 20013210000. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 11 6. IT IS FURTHER ORDERED THAT a copy of this Order 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 6 NAL at 23732. This documentation is: (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. 7 47 U. S. C. § 405. 8 47 C. F. R. § 1. 106. 9 47 C. F. R. § 1. 80. 10 47 U. S. C. § 504( a). 11 See 47 C. F. R. § 1.1914. 2