*Pages 1--2 from Microsoft Word - 12701.doc* Federal Communications Commission FCC 01- 326 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) CARMELITA T. GOSSARD ) File No. EB- 00- TS- 044 d/ b/ a AA BEEP ) Licensee of Paging Station KNKK662 ) NAL/ Acct. No. X3210- 003 Cudjoe Key, Florida ) MEMORANDUM OPINION AND ORDER Adopted: November 6, 2001 Released: November 8, 2001 By the Commission: 1. In this Memorandum Opinion and Order (“ Order”), we deny the application for review filed on May 16, 2001, by Carmelita T. Gossard, d/ b/ a AA Beep (“ AA Beep”), licensee of Paging Station KNKK662. AA Beep seeks review of a Memorandum Opinion and Order (“ MO& O”) released by the Enforcement Bureau on April 19, 2001. 1 In that MO& O, the Enforcement Bureau found that there was no basis for rescinding its Forfeiture Order, 2 which imposed a monetary forfeiture in the amount of five thousand dollars ($ 5, 000) against AA Beep for operating a paging system without a license between April 1 and October 8, 1999, in willful violation of Section 301 of the Communications Act of 1934, as amended (“ the Act”), 3 and Section 22.3 of the Commission’s Rules (“ the Rules”). 4 2. AA Beep has not specified, as required by our rules, any factors that warrant Commission review. See Section 1.115( b)( 2) of the Rules. 5 Instead, AA Beep has simply stated that it welcomes a Commission evaluation of what it has been saying for the past two years. We have reviewed the Enforcement Bureau’s MO& O and find that its ruling was correct and that no basis exists to warrant reversal. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.115( g) of the Rules, 6 AA Beep’s application for review of the MO& O released on April 19, 2001, IS DENIED. 4. Payment of the five thousand dollar ($ 5,000) monetary forfeiture shall be made in the manner provided for in Section 1.80 of the Rules 7 within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504( a) of the Act. 8 Payment may be made by mailing a check or similar instrument, 1 Carmelita T. Gossard, d/ b/ a AA Beep, 16 FCC Rcd 8533 (Enf. Bur., 2001). 2 Carmelita T. Gossard, d/ b/ a AA Beep, 16 FCC Rcd 2172 (Enf. Bur., 2001), recon. denied, 16 FCC Rcd 5513 (Enf. Bur., 2001). 3 47 U. S. C. § 301. 4 47 C. F. R. § 22.3. 5 47 C. F. R. § 1.115( b)( 2). 6 47 C. F. R. § 1.115( g). 7 47 C. F. R. § 1.80. 8 47 U. S. C. § 504( a). 1 Federal Communications Commission FCC 01- 326 2 payable to the order of the “Federal Communications Commission,” to the Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment should note the NAL/ Acct. number referenced above. Requests for full payment under an installment plan should be sent to Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 9 5. IT IS FURTHER ORDERED THAT this Order shall be sent, by certified mail, return receipt requested, to Carmelita T. Gossard, d/ b/ a AA Beep, 22824 Blue Gill Lane, Cudjoe Key, Florida 33042. FEDERAL COMMUNICATIONS COMMISSION Magalie Roman Salas Secretary 9 See 47 C. F. R. § 1.1914. 2