Federal Communications Commission DA 15-1023
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Acumen Communications
Licensee of Station WQJF635,
Los Angeles, CA 
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File No.:  EB-FIELDWR-13-00006185
NAL/Acct. No.:  201432900001 
FRN:  0016049017
MEMORANDUM OPINION AND ORDER
Adopted:  September 15, 2015 Released:  September 16, 2015
By the Regional Director, Western Region, Enforcement Bureau:
1. We dismiss as untimely a Petition for Reconsideration filed by Acumen Communications 
(Acumen), licensee of private land mobile radio service station WQJF635 (Station), Los Angeles,
California, seeking reconsideration of the Forfeiture Order issued by the Enforcement Bureau.  In the 
Forfeiture Order, the Enforcement Bureau imposed a forfeiture of $17,000 against Acumen for operating 
the Station on a frequency not authorized on its license, and for failing to take reasonable precautions to 
avoid causing harmful interference to United States Coast Guard operations.
2. Section 405(a) of the Communications Act of 1934, as amended (Act),
1
and Section 
1.106(f) of the Commission’s rules (Rules)
2
require the filing of a petition for reconsideration with the 
Commission’s Secretary in Washington, D.C. within thirty days from the date of public notice of the final 
action.
3
  In this case, public notice of the Forfeiture Order
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occurred upon release on June 26, 2015.
5
  The 
due date for a petition for reconsideration, taking into account holidays, was July 27, 2015.
6
  Thus, Acumen
should have filed its Petition
7
with the Commission’s Secretary in Washington, D.C. no later than July 27, 
2015.
8
  There is no evidence that a copy was ever received by the Secretary of the Commission by July 27, 
2015.  Instead, a copy of the Petition was received in the FCC Mail Room on August 3, 2015.  As Section 
1.106(i) of the Rules explicitly states, “petitions submitted directly to staff without submission to the 
Secretary shall not be considered to have been properly filed.”
9
  Accordingly, because Acumen failed to
both properly and timely file its Petition, we dismiss the Petition on procedural grounds.
10
                                                     
1
47 U.S.C. § 405(a).
2
47 C.F.R. § 1.106(f).
3
See 47 C.F.R. § 1.106(i).    
4
See Acumen Communications, Forfeiture Order, 30 FCC Rcd 6472 (Enf. Bur. 2015) (Forfeiture Order) assessing 
forfeiture proposed in Notice of Apparent Liability for Forfeiture, 28 FCC Rcd 16349 (Enf. Bur. 2013).
5
See 47 C.F.R. § 1.4(b).
6
See 47 C.F.R. § 1.4(j). 
7
See Acumen Communications, Petition for Reconsideration (filed Aug. 3, 2015) (Petition).
8
See 47 C.F.R. §§ 1.4(j), 1.106(f).
9
47 C.F.R. § 1.106(i).    
10
See Wash. Broad. Mgmt. Co., Inc., Memorandum Opinion and Order, 15 FCC Rcd 6607 (2000) (dismissing a 
petition for reconsideration filed eight days late).  
Federal Communications Commission DA 15-1023
3. Were we to reach the merits of Acumen’s Petition, we would find no basis for 
reconsideration.
11
  We agree that the forfeiture was supported by sufficient evidence that Acumen operated
the Station on a frequency not authorized on its license, and failed to take reasonable precautions to avoid 
causing harmful interference, thereby willfully and repeatedly violating Section 301 of the Act and 
Sections 1.903(a) and 90.403(e) of the Rules.
12
We also agree that there was sufficient evidence that 
Acumen’s violations were willful, even if they were not intentional.
13
  Finally, we agree that Acumen 
repeatedly violated the rules, as the violations took place over two days in January 2013.
14
However, we 
need not reach these issues given that Acumen’s Petition is procedurally defective and must be dismissed 
for failing to comply with the requirements of the Act and the Rules.
4. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Act
15
and Section 
1.106 of the Rules,
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the Petition for Reconsideration filed by Acumen Communications IS DISMISSED.
5. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections 
0.111, 0.311, and 1.80 of the Rules, Acumen Communications IS LIABLE FOR A MONETARY 
FORFEITURE of seventeen thousand dollars ($17,000) for willfully and repeatedly violating Section 
301 of the Act and Sections 1.903(a) and 90.403(e) of the Rules.
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6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within thirty (30) calendar days after the release date of this Memorandum Opinion and Order.
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If 
the forfeiture is not paid within the period specified, the case may be referred to the U.S. Department of 
Justice for enforcement of the forfeiture pursuant to Section 504(a) of the Act.
19
  
7. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account Number and FRN referenced above.  Acumen 
Communications shall send electronic notification of payment to WR-Response@fcc.gov on the date said 
payment is made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) 
must be submitted.
20
  When completing the FCC Form 159, enter the Account Number in block number 
23A (call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).  Below 
are additional instructions that should be followed based on the form of payment selected:  
                                                     
11
Reconsideration is appropriate only where the petitioner either demonstrates a material error or omission in the 
underlying order or raises additional facts not known or not existing until after the petitioner’s last opportunity to 
present such matters.  See 47 C.F.R. § 1.106(c); EZ Sacramento, Inc., Memorandum Opinion and Order, 15 FCC 
Rcd 18257, 18257, para. 2 (Enf. Bur. 2000) (citing WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 
(1964), aff’d sub. nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 
(1966)). A petition for reconsideration that simply reiterates arguments that were previously considered and rejected 
will be denied.  EZ Sacramento, Inc., 15 FCC Rcd at 18257, para. 2; 47 C.F.R. § 1.106(p).  
12
Forfeiture Order, 30 FCC Rcd at 6473–75, paras. 6–9.
13
Id. at 6474–75, para. 9.
14
Id.  
15
47 U.S.C. § 405.
16
47 C.F.R. § 1.106.
17
47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80, 1.903(a), 90.403(e).
18
47 C.F.R. § 1.80.
19
47 U.S.C. § 504(a).
20
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 15-1023
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission. Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
8. Any request for making full payment over time under an installment plan should be sent 
to: Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th 
Street, S.W., Room 1-A625, Washington, D.C. 20554.
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  Questions regarding payment procedures should 
be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall 
be sent by first class mail and certified mail, return receipt requested, to Acumen Communications, 10670 
S. La Cienega Blvd., Suite C, Inglewood, CA 90304.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director
Western Region
Enforcement Bureau
                                                     
21
See 47 C.F.R. § 1.1914.