Federal Communications Commission DA 96-1792
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re )
) Southwestern Bell Telephone 
Company ) File No. 620EF0011
)
Notice of Apparent Liability for Forfeiture ) 
for Paging and Radiotelephone Service ) 
Station KDT224 ) 
Chanute. Kansas )
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 
Southwestern Bell Telephone Company ("SWBT"), licensee of Paging and Radiotelephone 
Service Station KDT224, Chanute. Kansas. Specifically, we find that SWBT failed to timely file 
FCC Form 489 for Station KDT224, in apparent violation of Section 22.9(b)(l) of the 
Commission's Rules, 47 C.F.R. § 22.9(b)(l).'
2. The Commission granted SWBT authorization to make major modifications to station 
facilities for KDT224 on September 10, 1993. The authorization required construction to be 
completed by September 10, 1994 and permitted operation on frequency 152.60 MIlx.
3. On November 3, 1995, SWBT filed a request for Special Temporary Authority to 
continue operation of KDT224 and an FCC Form 489, notifying completion of construction in 
accordance with authorization. Subsequently, on September 3. 1996. in response to a request 
from the Chief, Enforcement Division, Wireless Telecommunications Bureau, pursuant to Section 
308(b) of the Act, SWBT stated that it commenced service on frequency 152.60 MHz on 
approximately April 26, 1994.
1 Section 22.9(b)(D was the appropriate Commission Rule, in effect when timely notice weis due from 
SWBT. Commission's Rules have subsequently been amended and reorganized so that the notice requirement 
provided in former Section 22.9(b)(l) now appears in Section 22.142(b) of the Commission's Rules, 47 C.F.R. $ 
22.142(b).
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Federal Communications Commission DA 96-1792
4. Section 22.9(b)(l) of the Commission's Rules provides in pertinent part:
Notification of status of facilities. (FCC Form 489). When construction has been 
completed in accordance with the radio station authorization, the licensee shall so 
notify the Commission using Form 489. Licensees can commence service the day 
Form 489 is placed in the mail to FCC.
47 C.F.R. § 22.9(b)(l). In the past, the Commission has determined that a forfeiture of $2,000 
is justified when a licensee fails to timely file an FCC Form 489. See, e.g., R & D Cellular, 11 
FCC Red 3350 (1996).
5. SWBT states that the reason it did not file its FCC Form 489 before commencing 
service is that the employee responsible for the filing left SWBT's employment without notifying 
his successor of the requirement. When SWBT discovered the inadvertant error, it promptly filed 
FCC Form 489. Further, SWBT states that it has taken affirmative steps to ensure that such 
errors will not occur in the future.
6. There is no dispute that SWBT commenced service without filing FCC Form 489 in 
a timely manner. Regardless of its claim of inadvertence, the fact remains that it willfully and 
repeatedly violated Section 22.9(b)(l) of the Commission's Rules over an extended period of 
time. Based on the factors set forth in Section 503(b)(2)(D) of the Act and case precedent, we 
find that SWBT's violations of Section 22.9(b)(l) warrant a $2,000 forfeiture. However, because 
it voluntarily disclosed the violations, the infraction was minor, and the infraction does not raise 
questions as to SWBT's qualifications to be a Commission licensee, we reduce the forfeiture to 
$1,000. See AllCity Paging, Inc., 9 FCC Red 6485 (1994).
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. 
SWBT is hereby advised of its APPARENT LIABILITY FOR FORFEITURE in the amount of 
one thousand dollars ($1,000) for repeated violations of Section 22.9(b)(l).
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, sending it 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.
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Federal Communications Commission DA 96-1792
9. A copy of this Notice is being sent to Vice President and Associate General Counsel 
for SWBT. Durward D. Dupre, One Bell Center. St. Louis. MO 63101. by Certified Mail. 
Return Receipt Requested.
FEDERAL COMMUNICATIONS COMMISSION
Howard C. Davenport 
Chief. Enforcement Division 
Wireless Telecommunications Bureau
13975