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 Federal  Communications  Commission  DA  01-  967 
 Before  the  Federal  Communications  Commission 


 Washington,  D.  C.  20554 
 In  the  Matter  of  ) 
 ) 
 Colorado  Callcomm,  Inc.  )  File  Number  EB-  00-  TS-  017 
 7000  North  Broadway  ) 
 Building  2,  Suite  203  ) 
 Denver,  Colorado  80221  )  NAL/  Acct.  No.  915DV0014 


 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  rescind  a  monetary 
 forfeiture  in  the  amount  of  ten  thousand  dollars  ($  10,000)  that  was  issued  to  Colorado  Callcomm, 
 Inc.  (“  Callcomm”)  for  willfully  and  repeatedly  violating  Section  301  of  the  Communications  Act 
 of  1934  (“  Act”),  as  amended.  1  The  noted  violations  involve  Callcomm’s  operation  of  an 
 unlicensed  radio  station  near  Plainview,  Colorado.  2 


 2.  In  Callcomm’s  Petition  for  Reconsideration,  Callcomm,  inter  alia,  identifies  the 
 licensee  purportedly  responsible  for  the  radio  operation  from  an  unlicensed  frequency,  and  claims 
 that  such  operation  was  caused  by  a  malfunctioning  transmitter.  We  have  considered  Callcomm’s 
 arguments  and  reviewed  the  record,  and  we  conclude  that  the  record  is  insufficient  to  support  a 
 finding  that  Callcomm  operated  an  unlicensed  radio  station. 


 3.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to  Section  504(  b)  of  the  Act, 
 and  Sections  0.111,  0.311,  and  1.80  of  the  Commission’s  Rules  (“  Rules”),  3  the  monetary 
 forfeiture  issued  against  Callcomm  IS  RESCINDED,  and  that  pursuant  to  Section  1.106  of  the 
 Rules,  4  Callcomm’s  Petition  for  Reconsideration  IS  GRANTED  to  the  extent  indicated  herein 
 and  IS  DENIED  in  all  other  aspects. 


 1  47  U.  S.  C.  §  301. 
 2  Colorado  Callcomm,  Inc.,  15  FCC  Rcd  9397  (Enf.  Bur.  2000). 
 3  47  C.  F.  R.  §§  0.  11,  0.  311,  and  1.  80. 
 4  47  C.  F.  R.  §  1.  106. 
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 Federal  Communications  Commission  DA  01-  967 
 2 
 4.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Order  shall  be  sent  by 
 Certified  Mail  Return  Receipt  Requested  to  Colorado  Callcomm,  Inc.,  7000  North  Broadway, 
 Building  2,  Suite  203,  Denver,  Colorado  80221,  and  to  its  counsel,  Russell  Fox,  Esquire, 
 Gardner,  Carton  &  Douglas,  1301  K  Street,  N.  W.,  Suite  900,  East  Tower,  Washington,  D.  C. 
 20005-  3317. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon 
 Chief,  Enforcement  Bureau 
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