Federal Communications Commission DA 96-2120 Before the Federal Communications Commission Washington, D.C. 20554 In re ) Teleconnect Long Distance Services ) and Systems Co. ) Notice of Apparent Liability for Forfeiture ) for Paging and Radiotelephone Service ) Station KNKM491 Station KNKO325 New York City, NY File No. 720EF0004 Adopted: December 16, 1996 Released: December 18, 1996 By the Chief, Enforcement Division, Wireless Telecommunications Bureau: 1. This action constitutes a Notice of Apparent Liability fof Forfeiture, pursuant to Section 503(b) of the Communications Act of 1934, as amended, 47 U.S.C. § 503(b), against Teleconnect Long Distance Services & Systems Co. (Teleconnect), licensee of Paging and Radiotelephone Service Stations KNKM491 and KNKO325, New York City, New York. Specifically, we find that Teleconnect failed to timely notify the Commission of commencement of service for Stations KNKM491 and KNK0325, in apparent violation of Section 22.142(b) of the Commission's Rules, 47 C.F.R. § 22.142(b). 2. On April 10, 1995, the Commission granted Teleconnect authorization to relocate the two stations on a developmental basis, pursuant to Sections 22.403 and 22.413 of the Commission Rules, 47 C.F.R. §§22.403, 22.413. The authorizations required the FCC Form 489 to be filed no fewer that six months nor later than 12 months after commencing operations. Teleconnect did not file FCC Forms 489 within that time frame. 3. On October 30, 1996, the Commission issued Public Notice 70431, which gave notification that the Commission terminated these two licenses. On November 21, 1996, Teleconnect filed a request for Special Temporary Authority (STA) in order to permit the two mobile control channels to continue publicjservice. The STAs were granted on December 2, 1996. In correspondence to the Commission dated December 11, 1996, Teleconnect has stated that the failure to timely file FCC Forms 489 was due to an oversight. 19835 Federal Communications Commission DA 96-2120 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. 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 Form 489. See, e.g., R &D Cellular, 11 FCC Red 3350 (1996). 5. There is no dispute that Teleconnect failed to timely notify the Commission of the commencement of service on the two frequencies. Regardless of its claim of inadvertence, the fact remains that Teleconnect repeatedly violated Section 22.142(b) 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 Teleconnect's violations of Section 22.142(b) warrants a $2,000 forfeiture for each of the two violations. Therefore, the total forfeiture is $4,000. 6. 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, Teleconnect is hereby advised of its APPARENT LIABILITY FOR FORFEITURE in the amount of four thousand dollars ($4,000) for repeated violations of Section 22.142(b). 7. 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, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the File Number of the above- captioned proceeding. 8. A copy of this Notice is being sent to counsel for Teleconnect, Henry A. Solomon, Esq., 4350 North Fairfax Drive, Suite 900, Arlington, Virginia 22203-1633 by Certified Mail, Return Receipt Requested. FEDERAL COMMUNICATIONS COMMISSION %—