*Pages 1--2 from Microsoft Word - 10835.doc* Federal Communications Commission FCC 01- 222 Before the Federal Communications Commission Washington, D. C. 20554 ) In the Matter of ) File No. EB- 00- TS- 027 ) Page- A- Phone, Inc. ) NAL/ Acct. No. X20EF0018 Licensee of Stations WRV927 & WXR916 ) Cookeville, Tennessee ) MEMORANDUM OPINION AND ORDER Adopted: August 7, 2001 Released: August 10, 2001 By the Commission: 1. In this Order, we dismiss the May 24, 2001 application for review filed by Page- A- Phone, Inc. (" Page- A- Phone"), licensee of Stations WRV927 and WXR916, of the Forfeiture Order 1 issued by the Enforcement Bureau in this proceeding. Pursuant to Section 503( b) of the Communications Act of 1934, as amended (“ the Act”) 2 , and Section 1. 80 of the Commission’s Rules (“ the Rules”) the Enforcement Bureau found Page- A- Phone liable for a monetary forfeiture in the amount of $1, 500 for willful violation of Section 1.949 of the Rules by failing to file license renewal applications for paging Stations WRV927 and WXR916 prior to the expiration of the authorizations for the stations. 2. The Forfeiture Order issued in this proceeding was released on November 3, 2000. Pursuant to Section 1.115( d) of the Rules, Page- A- Phone had 30 days, ending on December 4, 2000, to file its application for review of the Forfeiture Order. The Commission did not receive Page- A- Phone's application for review until May 24, 2001. Page- A- Phone offers no explanation as to why it could not file its application for review within the 30- day filing period. Therefore, Page- A- Phone's application for review is dismissed because it was not timely filed. ORDERING CLAUSES 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.115( d) of the Rules, 47 C. F. R. § 1.115( d), Page- A- Phone, Inc. ’s application for review of the Forfeiture Order for NAL No. X20EF0018 IS DISMISSED. 4. IT IS FURTHER ORDERED that, pursuant to Section 503( b) of the Act, 47 U. S. C. § 503( b), and Section 1.80 of the Rules, 47 C. F. R. § 1.80, Page- a- Phone, Inc. must pay the amount of one thousand five hundred dollars ($ 1,500) within thirty (30) days of the release date of this Order. Payment may be made by check or money order, drawn on a U. S. financial institution, payable to the Federal Communications Commission. 3 The remittance should be marked “NAL Acct. No. X20EF0018” and mailed to the following address: 1 Page- A- Phone, Inc., 15 FCC Rcd 21932 (Enf. Bur. 2000). 2 47 U. S. C. § 503( b). 3 Payment of the forfeiture in installments may be considered as a separate matter in accordance with Section 1.1914 of the Rules, 47 C. F. R. § 1.1914. Requests for installment plans should be mailed to: Chief, 1 Federal Communications Commission FCC 01- 222 2 Federal Communications Commission P. O. Box 73482 Chicago, Illinois 60673- 7482 Forfeiture penalties not paid within 30 days may be referred to the U. S. Attorney for recovery in a civil suit. 47 U. S. C. § 504( a). 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return- receipt requested, to Page- A- Phone, Inc., Attn: Austin L. Stinnett, 207 Reagan Street, Cookeville, TN 38501. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary Revenue & Receivables Operations Group, 445 Twelfth Street, S. W., Washington, DC 20554. 2