Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Richard R. Susainathan
Las Vegas, Nevada
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File Number: EB-07-LA 363
NAL/Acct. No.: 200832900001
FRN:  0005410709
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 18, 2007
By the District Director, Los Angeles Office, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Richard R. 
Susainathan (“Susainathan”), apparently willfully and repeatedly violated Sections 1.903(a) and 1.947(a) of 
the Commission’s Rules (“Rules”)1 by operating fixed base transmitters from locations not authorized by 
the licenses of stations WPXC618, WPIQ777 and WPYM965, in Clark County Nevada. We conclude, 
pursuant to Section 503(b) of the Communications Act of 1934, as amended (“Act”),2 that Susainathan is 
apparently liable for a forfeiture in the amount of twelve thousand dollars ($12,000).
II. BACKGROUND
2. S. M. Leasing and Rental, Ltd is the licensee of stations WPXC618, WPIQ777 and
WPYM965.3 Station WPIQ777 is licensed to operate on a fixed base frequency of 937.9625 MHz, from 
Sunrise Mountain, Nevada, with coordinates of 36º 10? 45.3? north latitude, 114º 59? 51.3? west longitude.  
Station WPYM965 is licensed to operate on a fixed base of frequency 937.225 MHz, from Mesquite, 
Nevada with coordinates of 36º 46? 18? north latitude, 114º 06? 06? west longitude. Station WPXC618 is 
licensed to operate on a fixed base frequency of 936.9125 MHz, from Sunrise Mountain, Nevada, with 
coordinates of 36º 10? 45.3? north latitude, 114º 59? 51.3? west longitude. Station WPXC618 is also 
licensed to operate on its base frequency from Glendale, Nevada, with coordinates 36º 41? 02? north 
latitude, 114º 30? 58? west longitude.
 
3. On November 27, 2007, an agent from the Enforcement Bureau’s Los Angeles Office 
using direction finding techniques, located fixed, continuous, unmodulated, transmissions on the three fixed 
base frequencies, listed above, associated with stations WPXC618, WPIQ777 and WPYM965.  The Los 
  
1 47 C.F.R. § 1.903(a), 1.947(a).
2 47 U.S.C. § 503(b).  
3 Currently pending before a state court in Nevada, and the Commission’s Wireless Telecommunications Bureau 
(“WTB”), is the issue of who controls S.M. Leasing and Rental, Ltd.  See, e.g., In the Matter of Thomas K. Kurian, 
22 FCC Rcd 7318, 7320 (WTB 2007). Both Susainathan and Pappammal Kurian claim control of the licensee.  The 
issuance of this Notice of Apparent Liability does not prejudge the outcome of that dispute and should the court and 
WTB determine that Susainathan does not hold control of the licensee, we may revisit our investigation to determine 
what, if any, additional violations Susainathan may be liable for.
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Angeles agent determined that the transmissions were originating from Susainathan’s place of business at 
3399 W. Oquendo Rd., Las Vegas, Nevada, with coordinates of 36º 04? 51? north latitude, 115º 11? 03? 
west longitude.
4. On November 28, 2007, the Los Angeles agent, again using direction finding techniques,
located fixed, continuous, unmodulated, transmissions on the three fixed base frequencies associated with 
stations WPXC618, WPIQ777 and WPYM965.  The agent determined that the transmissions continued to 
originate from Susainathan’s place of business at 3399 W. Oquendo Road, Las Vegas, Nevada.
5. After locating the signals on November 28, 2007, the Los Angeles agent met with 
Susainathan and inspected the transmitters Susainathan was operating, which were configured for 
continuous operation and connected to a rooftop antenna.  Susainathan stated that the transmitters were 
undergoing several weeks of testing prior to being installed at their authorized operational locations. At the 
time of the inspection, Susainathan had copies of the licenses for the three stations which indicated the 
licensed base station locations for each station.  The Los Angeles agent warned Susainathan that none of the 
licenses authorized fixed base transmissions from the 3399 W. Oquendo Road, Las Vegas, Nevada location. 
 
III. DISCUSSION
6. Section 503(b) of the Act provides that any person who willfully or repeatedly fails to 
comply substantially with the terms and conditions of any license, or willfully or repeatedly fails to comply 
with any of the provisions of the Act or of any rule, regulation or order issued by the Commission thereunder, 
shall be liable for a forfeiture penalty.  The term "willful" as used in Section 503(b) has been interpreted to 
mean simply that the acts or omissions are committed knowingly.4 The term “repeated” means the 
commission or omission of such act more than once or for more than one day.5
7. Section 1.903(a) of the Rules requires that stations in the Wireless Radio Services must be 
operated only in accordance with the rules applicable to their particular service and with a valid 
authorization granted by the Commission.6 Section 1.947(a) of the Rules requires that all major 
modifications as defined in Section 1.929 of the Rules, require prior Commission approval.7 For Private 
Land Mobile Radio Services stations, Section 1.929(c)(4)(v) defines a major change as, “[c]hange in the 
authorized location or number of base stations, fixed, control, except for deletions of one or more such 
stations…”8
8. On November 27, 2007, and November 28, 2007, a Los Angeles agent observed 
Susainathan operating on the fixed base frequencies for stations WPXC618, WPIQ777 and WPYM965 at 
3399 W. Oquendo Road, Las Vegas, Nevada.  This location is more than twelve miles from the licensed 
  
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies to violations for which forfeitures are assessed 
under Section 503(b) of the Act, provides that "[t]he term 'willful', when used with reference to the commission or 
omission of any act, means the conscious and deliberate commission or omission of such act, irrespective of any 
intent to violate any provision of this Act or any rule or regulation of the Commission authorized by this Act…."  
See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991).
5 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also applies to violations for which forfeitures are 
assessed under Section 503(b) of the Act, provides that "[t]he term 'repeated', when used with reference to the 
commission or omission of any act, means the commission or omission of such act more than once or, if such 
commission or omission is continuous, for more than one day.” 
6 47 C.F.R. § 1.903(a).
7 47 C.F.R. § 1.947(a); 47 C.F.R. § 1.929.
8 47 C.F.R. § 1.929(c)(4)(v).
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locations for stations WPXC6189 and WPIQ777, and more than 76 miles from the licensed location for 
station WPYM965.  At the time of the inspection on November 28, 2007, Susainathan was aware that he 
was not operating from the licensed locations for the stations as he indicated to the Los Angeles agent that 
he was testing the transmitters prior to installing them at their licensed location.  Therefore, Susainathan’s 
violation was willful. The violation occurred for more than one day, therefore it was repeated.  Based on the 
evidence before us, we find that Susainathan apparently willfully and repeatedly violated Sections 1.903(a) 
and 1.947(a) of the Rules by operating fixed base transmitters from locations not authorized by the licenses.
9. Pursuant to The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 
of the Rules to Incorporate the Forfeiture Guidelines, ("Forfeiture Policy Statement"), and Section 1.80 of 
the Rules, the base forfeiture amount for operation of a station from an unauthorized location is $4000.10 In 
assessing the monetary forfeiture amount, we must also take into account the statutory factors set forth in 
Section 503(b)(2)(E) of the Act, which include the nature, circumstances, extent, and gravity of the 
violations, and with respect to the violator, the degree of culpability, and history of prior offenses, ability to 
pay, and other such matters as justice may require.11 Applying the Forfeiture Policy Statement, Section
1.80, and the statutory factors to the instant case, because Susainathan apparently operated three stations 
from unauthorized locations, we conclude that Susainathan is apparently liable for a $12,000 forfeiture.
 
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules, Richard R. 
Susainathan is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the 
amount of twelve thousand dollars ($12,000) for violations of Sections 1.903(a) and 1.947(a) of the 
Rules.12
11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's Rules 
within thirty days of the release date of this Notice of Apparent Liability for Forfeiture, Richard R. 
Susainathan, SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture.
12. 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/Acct. No. and 
FRN No. referenced above. Payment by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight 
mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.  
Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and 
account number 911-6106.
13. The response, if any, must be mailed to Federal Communications Commission, 
Enforcement Bureau, Western Region, Los Angeles Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 
90703 and must include the NAL/Acct. No. referenced in the caption.  
14. 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; 
  
9 Susainathan’s location was also more than 55 miles from station WPXC618’s other authorized location in 
Glendale, Nevada.
10 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80.
11 47 U.S.C. § 503(b)(2)(E).
12 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 1.903(a) and 1.947(a).
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(2) financial statements prepared according to generally accepted accounting practices ("GAAP"); 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.  
15. Requests for payment of the full amount of this Notice of Apparent Liability for Forfeiture 
under an installment plan should be sent to: Associate Managing Director – Financial Operations, Room 
1A625, 445 12th Street, S.W., Washington, D.C. 20554.13
16. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and regular mail, to Richard R. 
Susainathan, at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
  
13 See 47 C.F.R. § 1.1914.