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 Federal  Communications  Commission  DA  01-  2560 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 ) 
 Statcom  Communications  Corp.  )  File  No.  EB-  00-  PA-  088 
 Staten  Island,  New  York  )  NAL  Acct.  No.  X3240003 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  November  1,  2001  Released:  November  5,  2001 
 By  the  Chief,  Enforcement  Bureau: 


 I.  Introduction 
 1.  In  this  Memorandum  Opinion  and  Order  (“  Order”),  we  cancel  a  four  thousand 
 dollar  ($  4,000)  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  1  that  the  Philadelphia  Field 
 Office  issued  to  Statcom  Communications  Corp.  (“  Statcom”)  for  apparently  violating  Section 
 90.403(  e)  of  the  Commission’s  Rules  (“  Rules”).  2  The  violation  involved  Statcom’s  alleged 
 failure  to  monitor  461.525  MHz,  a  shared  frequency,  before  transmitting. 


 2.  After  reviewing  the  record,  including  Statcom’s  decision  to  cease  operating  on 
 461.525  MHz,  3  we  conclude  that  cancellation  of  the  NAL  is  warranted.  This  case  prompts  us, 
 however,  to  urge  Commission  licensees  to  consider  their  operational  environment  in  complying 
 with  Section  90.403(  e)  of  the  Rules.  In  some  circumstances,  licensees  may  find  it  prudent  to 
 install  more  selective  monitoring  equipment  to  ensure  that  harmful  interference  to  shared 
 frequencies  is  avoided. 


 3.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  Section  504(  b)  of  the 
 Communications  Act  of  1934,  4  as  amended,  and  Section  1.  80(  f)(  4)  of  the  Rules,  5  the  captioned 
 NAL  issued  to  Statcom  IS  CANCELLED. 


 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by 
 certified  mail,  return  receipt  requested,  to  Statcom  Communications  Corp.,  1324  Forest  Avenue, 


 1  Statcom  Communications  Corp.,  NAL  Acct.  No.  X3240003  (Enf.  Bur.,  Phila.  Office,  rel.  Aug.  8,  2000). 
 2  47  C.  F.  R.  §  90.  403(  e). 
 3  On  July  31,  2001,  the  Wireless  Telecommunications  Bureau  granted  Statcom’s  application  to  delete 
 frequency  461.525  MHz  from  its  license.  See  Wireless  Telecommunications  Bureau  Application  File  No. 
 0000427785. 


 4  47  U.  S.  C.  §  504(  b). 


 5  47  C.  F.  R.  §  1.  80(  f)(  4). 
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 Federal  Communications  Commission  DA  01-  2560 
 2 
 Staten  Island,  New  York  10302,  and  to  its  counsel,  Pamela  Gaary,  Esq.,  Lukas,  Nace,  Gutierrez 
 &  Sachs,  Chartered,  1111  19  th  Street,  N.  W.,  12  th  Floor,  Washington,  D.  C.  20036. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 David  H.  Solomon 
 Chief,  Enforcement  Bureau 
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