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 Federal  Communications  Commission  DA  03-  3340 
 Before  the  FEDERAL  COMMUNICATIONS  COMMISSION 
 Washington,  D.  C.  20554 
 In  the  Matters  of 
 CITY  PAGE  &  CELLULAR  SERVICES,  INC  d/  b/  a  CITY  BEEPERS 


 GABRIEL  WIRELESS,  LLC 
 GOLDEN  ARROW  PAGING,  INC. 
 SELECTPATH  HOLDING,  INC. 
 TELEPHONE  &  TWO-  WAY  INC. 
 WHARTON  TELECOM  HOLDINGS,  INC. 
 Applicants  for  Wireless  Telecommunications  Bureau  Radio  Service  Authorization 


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 File  No.  EB-  02-  IH-  0889  NAL/  Acct.  No.  200332080003 
 FRN  0007686363 


 File  No.  EB-  02-  IH-  0890  NAL/  Acct.  No.  200332080004 
 FRN  0001732387 
 File  No.  EB-  02-  IH-  0891  NAL/  Acct.  No.  200332080005 
 FRN  0001636554 
 File  No.  EB-  02-  IH-  0892  NAL/  Acct.  No.  200332080006 
 FRN  0001610013 
 File  No.  EB-  02-  IH-  0893  NAL/  Acct.  No.  200332080007 
 FRN  0002931608 
 File  No.  EB-  02-  IH-  0895  NAL/  Acct.  No.  200332080009 
 FRN  0005910450 


 ORDER 
 Adopted:  October  22,  2003  Released:  October  23,  2003 
 By  the  Chief,  Enforcement  Bureau: 
 1.  On  December  27,  2002,  the  Enforcement  Bureau  released  notices  of  apparent  liability  for  forfeiture  (each  an  “NAL”)  1  against  each  of  the  captioned  parties,  all  winning  bidders  in  the 


 Commission’s  Lower  and  Upper  Paging  Bands  Auction  (“  Auction  No.  40”),  for  their  failure  to  timely  file  their  “long-  form”  auction  applications  (FCC  Form  601)  and  accompanying  ownership  reports  (FCC  Form 
 602)  following  completion  of  the  auction,  in  apparent  violation  of  Sections  1.2107(  c)  and  1.2107(  f)  of  the 
 1  See  In  re  City  Page  &  Cellular  Services,  Inc.  d/  b/  a  City  Beepers,  17  FCC  Rcd  26,214  (2002);  In  re 
 Gabriel  Wireless,  LLC,  17  FCC  Rcd  26,223  (2002);  In  re  Golden  Arrow  Paging,  Inc.,  17  FCC  Rcd  26,231(  2002);  In  re  SelectPath  Holding,  Inc.,  17  FCC  Rcd  26,239  (2002);  In  re  Telephone  &  Two-  Way 


 Inc.,  17  FCC  Rcd  26,247  (2002);  In  re  Wharton  Telecom  Holdings,  Inc.,  17  FCC  Rcd  26,263  (2002).  See  also  In  re  UHF-  DE,  LLC,  17  FCC  Rcd  26,255  (2002)(  forfeiture  paid). 
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 Federal  Communications  Commission  DA-  03-  3340 
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 Commission’s  rules.  2  In  response  to  issuance  of  the  NALs  several  of  the  parties  3  argued  that  the  Wireless  Telecommunications  Bureau  (“  WTB”)  granted  the  waiver  requests  submitted  with  their  late-  filed  long-form 
 applications  and  ownership  reports  and,  as  a  consequence,  waived  application  of  Section  1.2107(  c)  of  the  Commission’s  rules.  4 


 2.  As  noted  in  responses  to  the  NALs,  on  December  23,  2002,  WTB  granted  the  companies  waivers  of  Section  1.2107(  c)  of  the  Commissions  rules.  Under  the  facts  and  circumstances  of  these  cases 
 and  the  basis  of  the  waivers,  as  described  in  the  WTB  waiver  order,  5  we  conclude  that  imposition  of  a  forfeiture  against  these  companies  is  not  warranted." 


 3.  Accordingly,  pursuant  to  Section  4(  i)  and  (j)  of  the  Communications  Act  of  1934,  as  amended,  6  and  Sections  0.111  and  0.311  of  the  Commission’s  rules,  7  the  aforementioned  notices  of 
 apparent  liability  for  forfeiture  are,  hereby,  cancelled. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 2  47  C.  F.  R.  §§  1.2107(  c),  1.2107(  f). 
 3  See,  e.  g.,  letter,  dated  January  27,  2003,  from  Kenneth  E.  Harman,  counsel  for  Gabriel  Wireless,  LLC,  to  Ms. 
 Marlene  H.  Dortch,  Secretary,  Federal  Communications  Commission. 
 4  See  In  re  City  Page  &  Cellular  Services,  Inc.,  et  al.,  17  FCC  Rcd  26,109  at  (2002) 


 5  Id. 
 6  47  U.  S.  C.  §4(  i)  and  (j). 
 7  47  C.  F.  R  §§  0.111,  0.311. 
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