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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) CHESTER ZAREMBA ) ) Notice of Apparent Liability ) For Forfeiture ) File No. 820EF0018 Licensee of Paging and Radiotelephone ) Station KNLP549, Ft. Wayne, IN ) Station KNLN625, Birmingham, AL ) Station KNLN843, Louisville, KY ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 19, 1998 Released: August 21, 1998 By the Acting Chief, Enforcement and Consumer Information Division, Wireless Telecommunications Bureau: I. Introduction 1. This is 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) (the "Act") and Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, against Chester Zaremba, licensee of Paging and Radiotelephone Stations KNLP549 in Ft. Wayne, Indiana; KNLN625 in Birmingham, Alabama; and KNLN843 in Louisville, Kentucky. For the reasons that follow, we find Mr. Zaremba failed to timely file three FCC Forms 489 (one for each station) to notify the Commission of the commencement of service of Stations KNLP549, KNLN625, and KNLN843, in apparent violation of Section 22.142(b) of the Commission's Rules, 47 C.F.R.  22.142(b). We conclude that Mr. Zaremba is apparently liable for a forfeiture in the amount of $3,000. II. Background 2. On January 22, 1996, the Commission granted Mr. Zaremba's application to construct Station KNLN625, which expired on January 22, 1997. The information before us indicates that Mr. Zaremba commenced service from the new station on January 15, 1997. Mr. Zaremba filed the FCC Form 489 notifying the Commission of commencement of service on September 3, 1997. 3. On February 8, 1996, the Commission granted Mr. Zaremba's application to construct Station KNLP549, which expired on February 8, 1997. The information before us indicates that Mr. Zaremba commenced service from the new station on January 15, 1997. Mr. Zaremba filed the FCC Form 489 notifying the Commission of commencement of service on December 18, 1997. 4. On February 23, 1996, the Commission granted Mr. Zaremba's application to construct Station KNLN843, which expired on February 23, 1997. The information before us indicates that Mr. Zaremba commenced service from the new station on January 15, 1997. Mr. Zaremba filed the FCC Form 489 notifying the Commission of commencement of service on September 3, 1997. III. Discussion 5. Section 22.142(b) of the Commission's Rules provides in pertinent part, "Notification Requirement. Licensees must notify the FCC (FCC Form 489) of commencement of service to subscribers, no later than fifteen days after service begins." 47 C.F.R.  22.142(b) (emphasis in the original). The Commission's policy of imposing monetary forfeitures for violation of Section 22.142(b) of the Commission's Rules is well established. See, e.g., Network Services, LLC, 13 FCC Rcd 6688 (WTB 1998). 6. Mr. Zaremba states that he inadvertently failed to file the three FCC Forms 489 within 15 days of commencement of service. He further states that he filed the appropriate FCC Forms 489 immediately upon realizing the error. We note that Mr. Zaremba voluntarily brought this matter to the Bureau's attention. The purpose of the FCC Form 489 is to notify the Commission that construction has been completed and the frequency is in use, so that the Commission will not assign that frequency to anyone else. Mr. Zaremba's apparent violations continued until he filed the FCC Forms 489. 7. The guidelines contained in the Commission's Forfeiture Policy Statement, 12 FCC Rcd 17087 (1997), which became effective on October 14, 1997, specify a base forfeiture amount of $3,000 for failure to file required forms or information. The guidelines, however, permit the Commission "to issue a higher or lower forfeiture than provided in the guidelines." The Commission determined, in cases decided before the recent adoption of the Forfeiture Policy Statement, that a base forfeiture amount of $2,000 is justified when a licensee has failed to timely file Form 489. See Mulzer Enterprises, Inc., 12 FCC Rcd 10269 (WTB 1997); and Mountaineer Paging, 12 FCC Rcd 4727 (WTB 1997). We find, therefore, that a $2,000 base amount for each violation is appropriate here, totalling $6,000. However, in view of Mr. Zaremba's voluntary disclosure of his violations to the Commission, we reduce the amount of proposed forfeiture to $3,000. IV. Conclusion and Ordering Clause 8. 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, Chester Zaremba is hereby NOTIFIED of his APPARENT LIABILITY FOR FORFEITURE in the amount of three thousand dollars for repeatedly violating Section 22.142(b) of the Commission's Rules, 47 C.F.R.  22.142(b). 9. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, that within thirty days of the release of this Notice, Mr. Zaremba SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. Payment of the forfeiture may be made by credit card through the Commission's Billings and Collections Branch at (202) 418-1995 or by mailing a check or similar instrument, 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 file number of this proceeding. 10. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/ Return Receipt Requested, to Chester Zaremba, 200 Underwood, Elmira, Michigan 49730, and to counsel for Mr. Zaremba's management firm, (Link II Communications), Frederick M. Joyce, Esq., Joyce & Jacobs, 1019 19th Street, N.W., 14th Floor, PH-2, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Acting Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau