Federal Communications Commission DA 10-390
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Lubbock Aero
Lubbock, Texas  
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File No. EB-08-SE-721
NAL/Acct. No. 201032100020
FRN # 0018657619
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  March 23, 2010 Released:  March 25, 2010  
By the Chief, Spectrum Enforcement Division, Enforcement Bureau
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture (“NAL”), we find Lubbock Aero, in 
Lubbock, Texas, apparently liable for a forfeiture amount of ten thousand dollars ($10,000) for operating 
without authorization in apparent willful and repeated violation of Section 301 of the Communications Act 
of 1934, as amended (“Act”)1 and Section 1.903(a) of the Commission’s Rules (“Rules”).2
II. BACKGROUND
2. In August 2008, the Enforcement Bureau’s Spectrum Enforcement Division (“Division”) 
received a complaint alleging that Lubbock Aero was operating on frequency 123.300 MHz without 
Commission authorization and could be the source of interference to aviation support stations authorized to 
transmit on the frequency.3 The Division reviewed Commission records and found that Lubbock Aero, 
located at the Lubbock Preston Smith International Airport, was not authorized to operate on frequency 
123.300 MHz.  On March 31, 2009, the Division issued a letter of inquiry (“LOI”) to Lubbock Aero.4  
3. On April 8, 2009, the Division received Lubbock Aero’s response to the LOI5 in which it 
admits that it “operated radio communications over frequency 123.300 MHz” but stated that it “is … no 
longer doing so.”6 Lubbock Aero states that it used this frequency on numerous dates since January 1, 
2008, the time period specified in the LOI, and that each occurrence was “in response to a call by an 
  
1 47 U.S.C. § 301.
2 47 C.F.R. § 1.903(a).
3 Under Commission Rules, the 123.300 MHz frequency is “available for assignment to aviation support stations 
used for pilot training, coordination of lighter-than-air aircraft operations, or coordination of soaring or free 
ballooning activities.”  47 C.F.R. § 87.323(b).
4 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Richard Casler, Manager, Lubbock Aero (March 31, 2009). 
5 Letter from Richard Casler, Vice President/General Manager, Lubbock Aero, to Spectrum Enforcement Division, 
Federal Communications Commission (April 8, 2009) (“LOI Response”).
6 Id.
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inbound or outbound aircraft.”7 Lubbock Aero states that it did not receive any complaints of interference 
when operating on 123.300 MHz, and claims it believed it had authority to operate on this frequency 
through a purchase transaction.  Further, Lubbock Aero states it is currently using frequency 129.100 
MHz, and submitted an authorization issued by Commission licensee, Aviation Spectrum Resources, Inc. 
(“ASRI”),8 for temporary use of call sign KUF6 on frequency 129.100 MHz at the Lubbock Preston Smith 
International Airport.9
4. After reviewing the LOI response, the Division found that Lubbock Aero had not 
provided sufficient information and that further clarification was required.  Subsequently, on October 15, 
2009, the Division issued a second LOI (“follow up LOI”)10 directing Lubbock Aero to provide additional 
information relating to its use of frequencies 123.300 MHz and 129.100 MHz.  In its follow up LOI 
response,11 Lubbock Aero states that, beginning January 1, 2008, it operated on frequency 123.300 MHz 
but it does not have a record of the specific dates or occurrences of such operation.  Lubbock Aero states, 
however, that it “halted use of this frequency immediately upon receipt of the March 31, 2009 LOI.”12  
Lubbock Aero further clarifies that the use of frequency 123.300 MHz during the period in question was in 
response to aircraft communications that it regarded as “General FBO business.”13 With respect to its 
current use of frequency 129.100 MHz, Lubbock Aero explains that it has subsequently been assigned use 
of this frequency at the Lubbock Preston Smith International Airport from ASRI under call sign 
WQKI528.14
III. DISCUSSION
5. Section 301 of the Act prohibits the use or operation of any apparatus for the 
transmission of energy or communications or signals by radio except under, and in accordance with, a 
Commission granted authorization.15 Section 1.903(a) of the Rules requires that wireless radio services 
  
7 Id.
8 ASRI is a communications company for the air transport industry and the successor to Aeronautical Radio, Inc. 
ASRI is the industry licensee in the aeronautical enroute and fixed services.  The Commission granted ASRI a 
license for an Aeronautical and Fixed Aviation station, under call sign KUF6, on January 1, 2005.  The license 
expires on February 10, 2015.
9 The temporary authority is dated April 7, 2009 and set to expire 120 days from the date of issue.  
10 Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division, Enforcement Bureau, Federal 
Communications Commission, to Richard Casler, Vice President/General Manager, Lubbock Aero (October 15, 
2009).
11 Letter from Richard Casler, Vice President/General Manager, Lubbock Aero, to Spectrum Enforcement Division, 
Federal Communications Commission (October 29, 2009) (“follow up LOI Response”).
12 Id.  
13 Id.  The term FBO means “fixed base operator” or “fixed base of operation” and refers to a provider of services to 
general aviation aircraft and operators.  A fixed base operator may be private, municipal, or state-owned, and is 
located at, or adjacent to, an airport.  Under Commission rules, stations providing such radiocommunication services 
are considered “aeronautical advisory stations (unicoms)” subject to Part 87 Subpart G of the Rules.  See 47 C.F.R. 
§§ 87.5, 87.213 et. seq.
14 Id., Attachment.  The Commission granted the license for call sign WQKI528 to ASRI on June 2, 2009, which 
expires on June 2, 2019. 
15 47 U.S.C. § 301.
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“must be used and operated … with a valid authorization granted by the Commission.”16 Section 87.18(a) 
of the Rules states that stations in the aviation services, with the exception of certain aircraft stations, must 
be licensed.17 Under Section 87.323(b) of the Rules, 123.300 MHz is “available for assignment to aviation 
support stations for pilot training, coordination of lighter-than-air aircraft operations, or coordination of 
soaring or free ballooning activities.”18
6. Lubbock Aero admits that it operated on 123.300 MHz “on numerous dates” between 
January 1, 2008 and March 31, 2009, and that this frequency was used to provide communication services 
that “would be regarded as General FBO business” in response to calls by inbound or outbound aircraft.  
Commission records show, however, that during this period, Lubbock Aero held no license authorizing it 
to operate as an aeronautical advisory station or to operate on 123.300 MHz, a frequency reserved for 
aviation support stations.  Lubbock Aero’s claim that it thought it was authorized by the Commission to 
operate on the frequency 123.300 MHz based on its belief “that all licenses held by previous owners were 
to be transferred at the time of purchase”19 is unsupported.  Lubbock Aero provides no further details, and 
Commission records show no grant of authority ever issued by the Commission approving an assignment 
or transfer of control of station licenses concerning this frequency to Lubbock Aero.20 Thus, it appears that 
Lubbock Aero violated Section 301 of the Act21 and Section 1.903(a) of the Rules22 by operating on 
frequency 123.300 MHz without Commission authority.
7. Section 503(b) of the Act23 and Section 1.80(a) of the Rules24 provide that any person 
who willfully or repeatedly fails to comply with the provisions of the Act or the Rules shall be liable for a 
forfeiture penalty.  For purposes of Section 503(b) of the Act, the term “willful” means that the violator 
knew that it was committing or omitting the action in question, irrespective of any intent to violate the 
Commission’s Rules, and “repeated” means commission or omission of an act that occurs more than once 
or continuous action that lasts more than one day.25 Based on the record before us, it appears that Lubbock 
Aero’s violation of Section 301 of the Act and Section 1.903(a) of the Rules is willful and repeated. 
  
16 47 C.F.R. § 1.903(a).
17 47 C.F.R. § 87.18(a).
18 47 C.F.R. § 87.323(b).
19 LOI Response. 
20 In fact, Commission records show that no licenses have ever been issued for use of frequency 123.300 MHz at 
Lubbock Preston Smith International Airport, so it is not clear what license authority Lubbock Aero could believe it 
acquired in a license assignment or transfer.  Further, under Section 310(d) of the Act, no station license or 
underlying rights shall be transferred or assigned without application to the Commission and a finding by the 
Commission that the public interest, convenience, and necessity will be served by the grant of the application.  47 
U.S.C. § 310(d).  Commission records do not show any such application was filed seeking to assign or transfer 
control of licenses to operate on frequency 123.300 MHz to Lubbock Aero.  
21 47 U.S.C. § 301. 
22 47 C.F.R. § 1.903(a).
23 47 U.S.C. § 503(b).
24 47 C.F.R. § 1.80(a).
25 See 47 U.S.C. § 312(f)(1) & (2).  See also Southern California Broadcasting Co., Memorandum Opinion and 
Order, 6 FCC Rcd 4387 (1991), recon. denied, 7 FCC Rcd 3454 (1992) (the definitions of willful and repeated 
contained in the Act apply to violations for which forfeitures are assessed under Section 503(b) of the Act).
Federal Communications Commission DA 10-390
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8. In determining the appropriate forfeiture amount, Section 503(b)(2)(E) of the Act directs 
us to consider factors, such as “the nature, circumstances, extent and gravity of the violation, and, with 
respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other 
matters as justice may require.”26 As we explain below, having considered the statutory factors, we 
propose a forfeiture of ten thousand dollars ($10,000).
9. Section 1.80(b) of the Rules sets a base forfeiture amount of $10,000 for operation of a 
station without Commission authority.27 Based on the record in this proceeding, we propose a forfeiture of 
$10,000 for Lubbock Aero’s unauthorized operations.  We do not find that any downward adjustments to 
this proposed forfeiture amount are appropriate. Although we have made downward adjustments in cases 
where a licensee has operated under color of authority or under an expired license,28 we do not find such 
adjustment appropriate in this case.29 Lubbock Aero’s unauthorized operation on frequency 123.300 MHz 
was undertaken without any previous Commission authorization, in violation of the Act and Commission 
rules.30 Accordingly, we propose a $10,000 forfeiture.  Consistent with precedent, the proposed $10,000 
forfeiture relates to Lubbock Aero’s violations that occurred within the past year.31
10. Based on the foregoing, we find Lubbock Aero in apparent willful and repeated violation 
of Section 301 of the Act and Section 1.903(a) of the Rules for apparently operating a radio station on 
frequency 123.300 MHz without Commission authority.  Therefore, Lubbock Aero is apparently liable for 
a forfeiture in the amount of $10,000. 
  
26 47 U.S.C. § 503(b)(2)(E).  See also 47 C.F.R. § 1.80(b)(4), Note to paragraph (b)(4): Section II. Adjustment 
Criteria for Section 503 Forfeitures; The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17110 (1997), recon. 
denied, 15 FCC Rcd 303 (1999)(“Forfeiture Policy Statement”).
27 47 C.F.R. § 1.80(b).
28 See Discussion Radio, Inc., Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture, 19 
FCC Rcd 7433, 7438 (2004).  See also La Carpa Corp., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 
2744, 2745 (Enf. Bur., Spectrum Enf. Div., 2007) (forfeiture paid); Lazer Broadcasting Corp., Notice of Apparent 
Liability for Forfeiture, 21 FCC Rcd 8710, 8712 (Enf. Bur., Spectrum Enf. Div., 2006) (forfeiture paid); Shared 
Data Networks, LLC, Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 18184, 18186 (Enf. Bur., Spectrum 
Enf. Div., 2005) (forfeiture paid). 
29 We note that Lubbock Aero holds an Aircraft license, call sign 222LA (ULS database, Aircraft – 002358383); 
however, this license permits radiocommunications from aircraft only, and does not provide authorization for use of 
frequencies by aeronautical ground stations.  
30 See e.g., Able Infosat Communications, Inc., Notice of Apparent Liability for Forfeiture, 23 FCC Rcd 887, 889-90 
(Enf. Bur., Spectrum Enf. Div., 2008) (proposing the base forfeiture amount of $10,000 for operating without 
Commission authorization) (forfeiture paid); Domtar Industries, Inc., Notice of Apparent Liability for Forfeiture, 21 
FCC Rcd. 13811, 13815-16 (Enf. Bur., Spectrum Enf. Div., 2006) (“Domtar Industries”) (proposing the base 
forfeiture amount of $10,000 for operating without Commission authorization and an upward adjustment of $4,000 
for unauthorized operations that spanned over a five-year period) (forfeiture paid).
31 Section 503(b)(6) of the Act, 47 U.S.C. § 503(b)(6) prohibits the assessment of a forfeiture for violations that 
occurred more than a year prior to the issuance of the NAL, but does not bar us from taking into account the 
continuous nature of violations in determining the appropriate enforcement action and/or forfeiture amount.  See 
Mitchell Electric Membership Cooperative, Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 5538, 5541 
(Enf. Bur., Spectrum Enf. Div., 2007) (forfeiture paid).  See also Domtar Industries, 21 FCC Rcd at 13816. 
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IV. ORDERING CLAUSES
11. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act32 and 
Sections 0.111, 0.311 and 1.80 of the Rules,33 Lubbock Aero IS hereby NOTIFIED of its APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for the willful and 
repeated violation of Section 301 of the Act and Section 1.903(a) of the Rules.
12. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,34  within thirty 
days of the release date of this Notice of Apparent Liability for Forfeiture, Lubbock Aero SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.
13. 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/Account Number 
and FRN Number referenced above.  Payment by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by overnight mail 
may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. 
Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and account number 27000001.  For payment by credit card, an FCC Form 159 (Remittance 
Advice) must be submitted.  When completing the FCC Form 159, enter the NAL/Account number in 
block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type 
code).  Requests for full payment under an installment plan should be sent to:  Chief Financial Officer –
Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554.  Please contact the 
Financial Operations Group Help Desk at 1-877-480-3201 or email: ARINQUIRIES@fcc.gov with any 
questions regarding payment procedures.  Lubbock Aero will also send electronic notification to JoAnn 
Lucanik at JoAnn.Lucanik@fcc.gov and to Jacqueline Johnson at Jacqui.Johnson@fcc.gov on the date 
said payment is made.  
14. The written statement seeking reduction or cancellation of the proposed forfeiture, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to Sections 1.80(f)(3)35 and 1.16 of the Rules.36 The written statement must be mailed to the Office of the 
Secretary, Federal Communications Commission, 445 12th Street, S.W., Washington, D.C. 20554, ATTN: 
Enforcement Bureau – Spectrum Enforcement Division, and must include the NAL/Acct. No. referenced 
in the caption.  The statement should also be emailed to JoAnn.Lucanik@fcc.gov and to 
Jacqui.Johnson@fcc.gov.  
15. The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the petitioner submits:  (1) federal tax returns for the most recent three-year 
period; (2) financial statements prepared according to generally accepted accounting practices; or (3) some 
other reliable and objective documentation that accurately reflects the petitioner’s current financial status.  
Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial 
documentation submitted.  
  
32 47 U.S.C. § 503(b).
33 47 C.F.R. §§ 0.111, 0.311, 1.80.
34 47 C.F.R. § 1.80.
35 47 C.F.R. § 1.80(f)(3).
36 47 C.F.R. § 1.16.
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16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by first class mail and certified mail return receipt requested to Richard Casler, 
Vice President/General Manager for Lubbock Aero, 6304 North Cedar Avenue, Lubbock, Texas 79403-
6842. 
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau