_______________Federal Communications Commission________DA 96-1791
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re )
Source One Wireless, Inc. ) File No. 620EF0017
Notice of Apparent Liability for Forfeiture )
for Paging and Radiotelephone Service )
Station KNKK670 )
Ottowa, Illinois )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE 
Adopted: October 30, 1996; Released: October 31, 1996
By the Chief, Enforcement Division, Wireless Telecommunications Bureau:
1. This action constitutes a Notice of Apparent Liability for Forfeiture, pursuant to 
Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b). against 
Source One Wireless, Inc. ("Source One"), licensee of Paging and Radiotelephone Service Station 
KNKK670, Ottowa, Illinois. Specifically, we find that Source One failed to timely notify the 
Commission of commencement of service of Station KNKK670, in apparent violation of Section 
22.142(b) of the Commission's Rules, 47 C.F.R. § 22.142(b).
2. The Commission granted Source One authorization to construct base station facilities 
for K.NK.K670 on March 4, 1995. The authorization required.construction to be completed by 
March 4, 1996 and permitted operation on frequency 931.1875 MHz.
3. On April 25, 1996, Source One filed a request for a waiver of Commission Rule 
Section 22.142(b) and filed FCC Form 489 for Station KNKK670. In the request, Source One 
stated that: a) in March of 1996, they completed construction of Station KNKK670, along with 
23 other facilities, and commenced service to the public; and b) although they filed an FCC Form 
489 to cover the other facilities, they inadvertently failed to timely file FCC Form 489 for Station 
KNKK670.
4. Section 22.142(b) of the Commission's Rules provides in pertinent part:
Notification requirement. Licensees must notify the Commission (FCC Form 489) 
of commencement of service to subscribers. The notification must be mailed or 
delivered to the filing place (see § 22.106 of this part) no later than 15 days after 
service begins.
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Federal Communications Commission DA 96-1791
47 C.F.R. § 22.142(b). In the past, the Commission has determined that a forfeiture of $2,000 
is justified when a licensee fails to timely file FCC Form 489. See. e.g., R & D Cellular, 11 
FCC Red 3350 (1996).
5. There is no dispute that Source One failed to timely notify the Commission of the 
initiation of service on Station KNKK670. Regardless of its claim of inadvertence, the fact 
remains that it repeatedly violated Section 22. 142(b) of the Commission's Rules over an extended 
period of time. Furthermore, Source One's request for a waiver of Commiss"ion Rule Section 
22.142(b), pursuant to Commission Rule Section 22.119, is denied. Inadvertence is not a basis 
for granting a waiver, according to § 22.119(a). See, MobileComm of the Northeast, Inc., 11 
FCC Red 8791 (1996), where the licensee also claimed inadvertence as justification for its failure 
to timely file a Form 489, and the Commission determined that the violation warranted a $2,000 
forfeiture, nonetheless, which it similarly reduced to $1,000.
6. Based on the factors set forth in Section 503(b)(2)(D) of the Act and case precedent. 
we reach the following conclusion. Source One's violation of Section 22.142(b) warrants a 
$2,000 forfeiture. However, because it voluntarily disclosed the violation, and the infraction was 
minor, we reduce the total forfeiture to $1,000.
7. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as 
amended, 47 U.S.C. § 503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R. § 1.80. 
Source One is hereby advised of its APPARENT LIABILITY FOR FORFEITURE in the amount 
of one thousand dollars ($1,000) for repeated violations of Section 22.142(b).
8. Payment of the forfeiture may be made by credit card or by mailing a check or similar 
instrument, payable to the order of the Federal Communications Commission, and sent to the 
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The 
payment should note the File Number of the above-captioned proceeding.
9. A copy of this Notice is being sent to counsel for Source One, Audrey P. Rasmussen, 
Esq., O'Connor & Hannan, 1919 Pennsylvania Ave., N.W., Suite 800, Washington D.C. 20006, 
by Certified Mail, Return Receipt Requested.
FEDERAL COMMUNICATIONS COMMISSION
Howard C. Davenport 
Chief, Enforcement Division 
Wireless Telecommunications Bureau
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