Federal Communications Commission DA 07-188 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Statcom Communications Corporation
Staten Island, New York 
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File No. EB-02-PA-280
NAL/Acct. No. 200332400007
FRN:  0005-1410-72 
MEMORANDUM OPINION AND ORDER
Adopted:  January 24, 2007 Released:  January 26, 2007
By the Assistant Bureau Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Memorandum Opinion and Order (“Order”), we dismiss the Petition for 
Reconsideration filed by Statcom Communications Corporation (“Statcom”).   Statcom seeks 
reconsideration of the Forfeiture Order1 in which the Enforcement Bureau (“Bureau”) found it liable for 
a monetary forfeiture in the amount of twelve thousand dollars ($12,000) for willful and repeated 
violation of Section 1.903(a) of the Commission’s Rules (“Rules”).2 The noted violation involves
Statcom’s operation of two trunked radio systems at an unauthorized location and operation on an 
unauthorized frequency, 462.075 MHz.
II. BACKGROUND
2. On July 30 and 31, 2002, responding to a complaint of operation at an unauthorized 
location in Staten Island, New York, agents from the Commission’s Philadelphia, Pennsylvania Office 
(“Philadelphia Office”) and its New York, New York Field Office inspected a single trunked radio system 
and observed unauthorized operation on the frequencies 477.8125 MHz, 462.450 MHz, 461.450 MHz, 
478.0875 MHz, 472.5125 MHz, 461.825 MHz, 462.025 MHz, 461.775 MHz, 461.475 MHz and 462.075 
MHz (“the frequencies”) at 700 Victory Boulevard, Staten Island, New York (“Parkview House site”).  
The agents determined that the radio system was operated by Statcom. 
3. The agents’ search of Commission records indicated Statcom had been issued 
authorizations for operation of two trunked radio systems on Staten Island, New York at 10 Highpoint 
Road,3 (“Todt Hill site”) and 631 Howard Avenue,4 (“Wagner College site”), but it had not been issued an  
authorization for operation at the Parkview House site.  A search of Commission records also revealed 
  
1  Statcom Communications Corp., 20 FCC Rcd 1550 (Enf. Bur. 2005) (“Forfeiture Order”).
2 47 C.F.R. § 1.903(a).  
3 Statcom was authorized to operate stations WIL718 (477.8125 MHz,) WPPH856 (462.450 MHz), KNEW768 
(461.450 MHz), WIL766 (478.0875 MHz and 472.5125 MHz), and WNIH640 (461.825 MHz) at the Todt Hill site.
4 Statcom was authorized to operate station WPUD412 on 462.025 MHz, 461.775 MHz and 461.475 MHz at the 
Wagner College site. 
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that Statcom had no authority to operate on 462.075 MHz at any location.
4. On August 5, 2002, the Philadelphia Office issued a Notice of Violation (“NOV”) to 
Statcom for violating Section 1.903(a) of the Rules by operating two trunked systems at the Parkview 
House site, an unauthorized location, and operating on frequency 462.075 MHz, an unauthorized 
frequency.  Statcom filed a timely response to the NOV, and supplemented its response with further 
material pertaining to its use of 462.075 MHz from the authorized licensee.  In response to the NOV, 
Statcom explained that after it lost its location on the World Trade Center when the building was 
destroyed, it had modified its license several times in an effort to find adequate coverage for its 
customers, but that in the process of solving interference problems at the Victory Blvd. location, it 
overlooked modifying its license for that site.  
5. On January 27, 2003, the Philadelphia Office issued a Notice of Apparent Liability for 
$12,000 to Statcom for operating a radio station without Commission authorization for the location and 
for operation on an unauthorized frequency in apparent willful and repeated violation of Section 1.903(a)
of the Rules.5  Statcom filed a timely response.  In its response, Statcom requested that the NAL be 
cancelled because the apparent violations were inadvertent and not willful in nature, and would not have 
occurred in any event but for the events of September 11, 2001 (“9/11”), which forced Statcom from its 
transmission location on the World Trade Center.  Statcom states it believed in good faith that the 
contractor it employed to address Commission licensing for a new location had acquired Special 
Temporary Authority.  Statcom further argued that it lost significant investment that was not entirely 
reimbursed through recovery grants, and that its revenues were greatly reduced and were insufficient to 
sustain the loss of an additional $12,000.  
6. On January 26, 2005, the Bureau issued a Forfeiture Order finding Statcom liable for a 
monetary forfeiture in the amount of $12,000 for willful and repeated violation of Section 1.903(a) of the 
Rules.  In so finding, the Bureau stated that “Statcom’s operation on the various frequencies from an 
unauthorized location more than a year after 9/11 does not mitigate its violation….”   The Bureau also 
found that Statcom’s request for cancellation of the forfeiture due to financial distress was not 
accompanied by any documentation for the years 1999 through 2001, as is required for a request of 
reduction based on inability to pay.  On March 10, 2005, Statcom filed a Petition for Reconsideration, a 
Request for Waiver of the 30-day time period in which to file a petition for reconsideration, and 
information in support of its request for reconsideration based upon its inability to pay. In its petition for 
waiver, Statcom states that the delay in filing its petition for reconsideration resulted from Statcom’s 
inability to retrieve its Federal income tax records from storage in sufficient time to meet the 30-day 
petition for reconsideration period.
III. DISCUSSION
7. Section 405 of the Communications Act of 1934, as amended (“Act”),6 requires that 
petitions for reconsideration of a Commission action or an action by delegated authority must be filed no 
later than 30 days after the action that is the subject of the appeal.7  Section 1.106(f) of the Rules,8 which 
requires petitions for reconsideration to be filed within 30 days of the date of the public notice of the 
  
5 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200332400007 (Enf. Bur., Philadelphia Office, 
released January 27, 2003).
6 47 U.S.C. § 405(a).
7 Documents are considered to be filed on the date of receipt at the location designated by the Commission. 47 
C.F.R. § 1.7.
8 47 C.F.R. § 1.106(f).
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final order, reflects that statutory mandate.9  Stacom filed its appeal of the Forfeiture Order forty-three 
days after January 27, 2005, the first full day following public notice of the Forfeiture Order.  The 30th
day after the first full day following public notice of the Forfeiture Order was February 25, 2005; under 
the terms of Section 405 of the Act and Section 1.106(f) of the Rules, Statcom had until close of business 
that day to file an appeal.   
8. “Because the time period for filing petitions for reconsideration is prescribed by statute, 
the Commission may not, with one narrow exception, waive or extend the filing period.”10 The United 
States Court of Appeals for the D.C. Circuit created a single, narrow exception to the statutory filing 
period, and permits the Commission to waive or extend the filing period where the late filing is due to 
the Commission’s failure to give a party timely notice of the action for which reconsideration is sought.11
The very limited conditions under which a waiver or extension of the statutory time limitation may be 
granted are not present in this case as Statcom’s stated reason for the late filing of its petition (delay in 
filing its petition for reconsideration resulted from Statcom’s inability to timely retrieve its Federal 
income tax records from storage) does not fall within this narrow exception.  Accordingly, pursuant to 
the Act and relevant case law, the Commission had no jurisdiction to consider Statcom’s petition for 
reconsideration after February 25, 2005, and we must therefore deny Statcom’s waiver request and 
dismiss its petition for reconsideration.12  
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 405(b) of the Act, and Section 
1.106(f) of the Rules,13 the petition for waiver filed by Statcom Communications Corporation IS 
DENIED, and the petition for reconsideration filed by Statcom Communications Corporation IS 
DISMISSED.
10. Payment of the forfeiture assessed by the Order shall be made in the manner provided for 
in Section 1.80 of the Rules 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.14 Payment of the forfeiture must be made by check or similar instrument, 
payable to the order of the Federal Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment by check or money order may be mailed to 
Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251.  Payment by overnight 
mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.   
Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911- 6106.   Requests for full payment under an installment plan should be sent to: 
Associate Managing Director, Financial Operations, 445 12th Street, S.W., Washington, D.C. 20554.15   
  
9 Section 1.4(b) of the Rules specifies that the first full day after the date of public notice counts as day 1 for the 
purpose of calculating the filing deadline.  In this case, calculating the 30-day filing deadline from a public notice 
date of January 26, 2005, begins with January 27, 2005 as the first of the permitted 30 days.
10 Stephen E. Powell, 11 FCC Rcd 11925, 11926 (1996) (citing to Reuters, Ltd. v. FCC, 781 F.2d 946, 952 (D.C. 
Cir. 1986)).
11 Gardner v. FCC, 530 F.2d 1086, 1090-91 (D.C. Cir. 1976).
12  See, e.g., In the Matter of 62 Applications for Authority To Construct and Operate Multipoint Distribution 
Service Stations at 24 Transmitter Sites, 10 FCC Rcd 11,178 (1995);  Jesse C. Ross and Ernestine A. Ross, 21 FCC 
Rcd 7913 (Enf. Bur.2006). 
13 47 C.F.R. § 1.106(f).
14 47 U.S.C. § 504(a).
15  See 47 C.F.R. § 1.1914.
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11. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall 
be sent by First Class and Certified Mail Return Receipt Requested to Statcom Communications 
Corporation, 1324 Forest Avenue, Staten Island, NY 10302, and to their counsel, Frederick J. Day, Esq., 
5673 Columbia Pike, Suite 100, Falls Church, VA 22041.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Bureau Chief, Enforcement Bureau