*Pages 1--2 from Microsoft Word - 8373.doc* Federal Communications Commission DA 01- 966 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) CARMELITA T. GOSSARD ) File No. EB- 00- TS- 044 d/ b/ a AA BEEP ) Licensee of Paging Station KNKK662 ) NAL/ Acct. No. X3210- 003 Cudjoe Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: April 17, 2001 Released: April 19, 2001 By the Chief, Enforcement Bureau: 1. In this Memorandum Opinion and Order (“ Order”), we review the letter of Carmelita T. Gossard, d/ b/ a AA Beep (“ AA Beep”), dated March 25, 2001, and find no basis for rescinding the Forfeiture Order 1 issued against AA Beep for willful violation of Section 301 of the Communications Act of 1934, as amended (“ the Act”), 2 and Section 22.3 of the Commission’s Rules (“ the Rules”). 3 The noted violations involve AA Beep’s operation of a paging system without Commission authorization between April 1 and October 8, 1999. 2. On October 10, 2000, the Enforcement Bureau (“ Bureau”) released a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of five thousand dollars ($ 5,000) to AA Beep. 4 AA Beep did not file a response. On January 22, 2001, the Bureau released its Forfeiture Order affirming the forfeiture proposed by the NAL. On February 5, 2001, AA Beep petitioned for reconsideration, contending that it did not operate its paging system without authorization. In a Memorandum Opinion and Order 5 (“ MO& O”) released on March 16, 2001, the Bureau denied AA Beep’s petition for reconsideration and affirmed the Forfeiture Order. 3. In its letter dated March 25, 2001, 6 AA Beep continues to claim that it did not operate its paging system without authorization. Specifically, AA Beep contends that its customers’ pagers had been transferred to another paging system and that it did not operate Station KNKK662 during the relevant period (April 1 – October 8, 1999). In our MO& O released on March 16, 2001, in which we first reconsidered the Forfeiture Order, we pointed out that AA Beep made the opposite claim in its request for a waiver of Section 1.949 of the Rules 7 : 1 Carmelita T. Gossard, d/ b/ a AA Beep, DA 01- 137 (Enf. Bur. 2001). 2 47 U. S. C. § 301. 3 47 C. F. R. § 22.3. 4 Carmelita T. Gossard, d/ b/ a AA Beep, 15 FCC Rcd 19808 (Enf. Bur. 2000). 5 Carmelita T. Gossard, d/ b/ a AA Beep, DA 01- 672 (Enf. Bur. 2001). 6 The Commission’s Rules do not authorize the filing of such a letter in a forfeiture proceeding. Nevertheless, in the interest of fairness, we will consider it on our own motion in this instance. 7 47 C. F. R. § 1.949( a), which requires that renewal applications in the Wireless Radio Services be filed no later than the expiration date of the authorization for which the renewal is sought. 1 Federal Communications Commission DA 01- 966 2 Disruption of service on this frequency would cause hardship to existing subscribers since this system has been operating many years, is presently being used and provides needed communications to businesses in an area that is not located in a major metropolitan area (emphasis added). In its letter dated March 25, 2001, AA Beep says that the above assertion is “not the words of the licensee” 8 and is, in fact, untrue. 4. AA Beep used the assertion quoted above as part of the basis for obtaining a waiver of Section 1.949( a) of the Rules and the grant of its renewal application. Now that it faces a monetary forfeiture for unauthorized operation, AA Beep disavows this assertion. However, AA Beep provides no explanation for its change in position. 5. We have reviewed this matter thoroughly and find no basis for rescinding the Forfeiture Order. 6. 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. number referenced above. 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 7. IT IS FURTHER ORDERED THAT this Order shall be sent, by certified mail, return receipt requested, to Carmelita T. Gossard, d/ b/ a AA Beep, 22824 Blue Gill Lane, Cudjoe Key, Florida 33042. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 8 AA Beep’s counsel made the quoted statement in AA Beep’s behalf. It is, therefore, the equivalent of a statement made by AA Beep itself. 9 47 C. F. R. § 1.80. 10 47 U. S. C. § 504( a). 11 See 47 C. F. R. § 1.1914. 2