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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 ) ) Notice of Apparent Liability for Forfeiture of) ) TeleBEEPER of New Mexico, INC. ) ) File No. 920EF0004 Licensee of Paging and Radiotelephone) Station KNLT358, Clovis, New Mexico) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: October 21, 1998 Released: October 22, 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 (the Act), and Section 1.80 of the Commission's Rules, against TeleBEEPER of New Mexico, Inc. ("TeleBEEPER"), licensee of Paging and Radiotelephone Station KNLT358, in Clovis, New Mexico. For the reasons that follow, we find that TeleBEEPER failed to timely notify the Commission of the commencement of service for Station KNLT358, in apparent violation of Section 22.142(b) of the Commission's Rules. We conclude that TeleBEEPER is apparently liable for a forfeiture in the amount of one thousand dollars ($1,000). II. Background 2. On July 12, 1996, the Commission authorized TeleBEEPER to construct Station KNLT358 in Clovis, New Mexico, to operate on frequency 931.8375 MHz. The information TeleBEEPER provided states that they completed construction by the expiration of the authorization on July 12, 1997. TeleBEEPER filed an FCC Form 489 on October 28, 1997 notifying the Commission of the commencement of service on frequency 931.8375 MHz. 3. 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." The Commission's policy of imposing monetary forfeitures for violation of Section 22.142(b) of the Commission's Rules is well established. III. Discussion 4. Having completed construction and begun service by July 12, 1997, TeleBEEPER was required under Section 22.142(b) to notify the Commission within 15 days of commencement of service. TeleBEEPER, however, did not file its Form 489 so notifying the Commission until October 28, 1997. Because TeleBEEPER failed to timely file an FCC Form 489, it appears to have violated Section 22.142(b) of the Commission's Rules. 5. In an exhibit to the FCC Form 489 that it filed, TeleBEEPER concedes that it filed the FCC Form 489 past the required filing date. The purpose of the 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. FCC Form 489, therefore, has an important function. 6. The guidelines contained in the Commission's Forfeiture Policy Statement, 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. We find, therefore, that a $2,000 base amount for the violation is appropriate here. Section 503 of the Act requires the Commission to consider "the nature, circumstances, extent and gravity of the violation, and with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require." In this case, taking into consideration all of the factors required by Section 503(b)(2)(D) of the Act, including, but not limited to, TeleBEEPER's voluntary disclosure of its violations to the Commission, we believe it is appropriate to reduce the amount of TeleBEEPER's proposed forfeiture to $1,000. IV. Conclusion and Ordering Clauses 7. ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934, as amended, and Section 1.80 of the Commission's Rules, TeleBEEPER of New Mexico, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of one thousand dollars for repeatedly violating Section 22.142(b) of the Commission's Rules. 8. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's Rules, that within thirty days of the release of this Notice, TeleBEEPER of New Mexico SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture. 9. 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. Alternatively, TeleBEEPER may choose to submit a written statement seeking reduction or cancellation of the proposed monetary forfeiture. 10. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified Mail/ Return Receipt Requested, to TeleBEEPER of New Mexico, Inc. at P.O. Box 25161, Albuquerque, New Mexico 87125, and to Joyce & Jacobs, Attorneys at Law, LLP, at 1019 19th Street, N.W., 14th Floor, Washington, D.C. 20036. FEDERAL COMMUNICATIONS COMMISSION Catherine W. Seidel Acting Chief, Enforcement and Consumer Information Division Wireless Telecommunications Bureau