*Pages 1--1 from Microsoft Word - 6869.doc* Federal Communications Commission DA 01- 392 Before the Federal Communications Commission Washington, D. C. 20554 ) ) In the Matter of ) ) AT& T Wireless PCS, Inc. ) File No. EB- 00- SJ- 105 Washington, D. C. ) ) NAL/ Acct. No. 20013268002 MEMORANDUM OPINION AND ORDER Adopted: February 13, 2001 Released: February 15, 2001 By the Chief, Enforcement Bureau: 1. This Memorandum Opinion and Order (“ Order”) rescinds a proposed monetary forfeiture issued to AT& T Wireless PCS, Inc. (“ AT& T”) in the amount of $10,000 for apparent willful and repeated violations of Section 301 of the Communications Act of 1934, as amended (“ the Act”). 1 The proposed forfeiture was assessed for AT& T’s alleged operation of a PCS station without authorization from a site in Humacao, Puerto Rico. Based on AT& T’s response, it is clear that AT& T did not engage in the operation at issue in the Notice of Apparent Liability for Forfeiture. 2. Accordingly, IT IS ORDERED, pursuant to Section 504( b) of the Act 2 and Sections 0. 111, 0. 311 and 1.80 of the Rules, 3 that the Notice of Apparent Liability for Forfeiture issued to AT& T IS RESCINDED. 3. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to AT& T Wireless PCS, Inc., 1150 Connecticut Avenue, N. W., 4 th Floor, Washington, D. C. 20036. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 1 47 U. S. C. § 301. See Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 20013268002 (Enf. Bur., San Juan Resident Agent Office, released November 21, 2000). 2 47 U. S. C. § 504( b). 3 47 C. F. R. §§ 0.111, 0.311, and 1.80. 1