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Federal Communications Commission

DA 11-84

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Hilltop Tower Leasing, Inc.
) File Number: EB-10-PA-0014
)
Licensee of Station WPSQ972
) NAL/Acct. No.: 201132400003
)
Everett, Pennsylvania
) FRN: 0016-89-6722

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: January 14, 2011
Released: January 18, 2011
By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Hilltop Tower
Leasing, Inc. ("Hilltop"), licensee of land mobile radio station WPSQ972, in Everett, Pennsylvania,
apparently willfully and repeatedly violated Section 1.903(a) of the Commission's Rules ("Rules")1 by
operating from an unauthorized location. We conclude that Hilltop is apparently liable for a forfeiture in the
amount of four thousand dollars ($4,000).

II.

BACKGROUND

2.
At the time of the investigation at issue here, the license for land mobile radio station
WPSQ972 authorized Hilltop to operate radio transmitting equipment on the frequencies 452.2375 MHz,
452.2625 MHz, 452.3625 MHz and 461.4125 MHz from antenna structure number 1204406 located on
Tussey Mountain in Everett, Pennsylvania at the coordinates 40o 00' 04.3" North Latitude and 078o 24'
03.1" West Longitude.2
3.
On January 19 and January 20, 2010, an agent from the Enforcement Bureau's
Philadelphia Office ("Philadelphia Office") determined that digital emissions on the frequencies 452.2375
MHz and 461.4125 MHz were emanating from radio transmitting equipment located on antenna structure
number 1207856 at Kinton Knob Mountain in Bedford, Pennsylvania at the coordinates 40 o 00' 46.3"
North Latitude and 078 o 33' 11.0" West Longitude, approximately eight miles from Tussey Mountain.
After conducting the monitoring on January 20, 2010, the agent contacted Hilltop and spoke with its
president, Jeff MacAlarney, who claimed that he could not answer the agent's questions regarding
operation on the frequencies 452.2375 MHz and 461.4125 MHz at Kinton Knob Mountain. Later that
day, however, the agent found that operation on those frequencies had stopped.3


1 47 C.F.R. 1.903(a).
2 See File No. 0002685135.
3 During a telephone conversation with the agent on January 26, 2010, Mr. MacAlarney acknowledged that he had
contacted the station's technician on January 20, 2010 and asked him to turn off the transmitter.

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Federal Communications Commission

DA 11-84

4.
The Philadelphia Office issued a Letter of Inquiry ("LOI") to Hilltop on February 23,
2010. 4 In response to the LOI, Hilltop admitted that, in December 2009, it had moved some of the radio
transmitting equipment for station WPSQ972 from its authorized location on Tussey Mountain in Everett,
Pennsylvania, to Kinton Knob Mountain in Bedford, Pennsylvania.5 Hilltop further conceded that the
equipment remained in operation and periodically transmitted data bursts.6 Hilltop also claimed that it
was maintaining the station at Kinton Knob Mountain as a backup for Bedford County 911, which had
been experiencing problems with one of its Bedford County dispatch stations on Tussey Mountain.7

III.

DISCUSSION

5.
Section 503(b) of the Communications Act of 1934, as amended ("Act")8 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) of the Act has been interpreted to mean simply that the acts or omissions are
committed knowingly.9 The term "repeated" means the commission or omission of such act more than once
or for more than one day.10
6.
Section 1.903(a) of the Rules provides that stations in the Wireless Radio Services must
be used and operated only in accordance with the rules applicable to their particular service and with a
valid authorization granted by the Commission.11 Section 1.903(b) further provides that the "holding of
an authorization does not create any rights beyond the terms, conditions, and period specified in the
authorization."12 As described above, on January 19 and January 20, 2010, an agent from the
Philadelphia Office determined that Hilltop operated station WPSQ972 on the frequencies 452.2375 MHz
and 461.4125 MHz from an unauthorized location. Hilltop conceded in response to the LOI that it had
moved station WPSQ972 from Tussey Mountain to Kinton Knob Mountain in December 2009 for the
purpose of providing a backup for Bedford County 911. Hilltop further admitted that the transmitting


4 See Letter of Inquiry from Gene J. Stanbro, District Director, Philadelphia Office, Northeast Region, Enforcement
Bureau, to Hilltop Tower Leasing, Inc., dated February 23, 2010.
5
See Letter from Jeff MacAlarney, President, Hilltop Tower Leasing, Inc., to Gene J. Stanbro, District Director,
Philadelphia Office, Northeast Region, Enforcement Bureau, dated March 3, 2010 ("LOI Response").
6 LOI Response at 2.
7 Id. Hilltop no longer operates on Kinton Knob Mountain, but an affiliated company, Compros, Inc., obtained a
license under call sign WQLH893 to operate on the frequencies 452.2375 MHz, 452.3625 MHz, and 461.4125 MHz
from antenna structure number 1207856 on Kinton Knob Mountain in Bedford, Pennsylvania. See File No.
0004098883, granted January 26, 2010.
8 47 U.S.C. 503(b).
9 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,e.g., Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon.
Denied, 7 FCC Rcd 3454 (1992).
10 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."
11 47 C.F.R. 1.903(a).
12 47 C.F.R. 1.903(b).
2

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Federal Communications Commission

DA 11-84

equipment was operating and periodically transmitting digital bursts.13 Based on the evidence before us,
we find that Hilltop apparently willfully and repeatedly violated Section 1.903(a) of the Rules by operating
radio transmitting equipment at an unauthorized location.
7.
Pursuant to the Commission's Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for operating at an unauthorized location is $4,000.14 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, any history of prior offenses, ability to pay, and other such matters as
justice may require.15 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory
factors to the instant case, we conclude that Hilltop is apparently liable for a forfeiture in the amount of
$4,000.

IV.

ORDERING CLAUSES

8.
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, Hilltop
Tower Leasing, Inc. is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in
the amount of four thousand dollars ($4,000) for violations of Section 1.903(a) of the Rules.16
9.

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, Hilltop Tower
Leasing Inc.

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written statement
seeking reduction or cancellation of the proposed forfeiture.
10.
Payment of the forfeiture must be made by credit card, check or similar instrument,
payable to the order of the Federal Communications Commission. The payment must include the
Account Number and FRN Number referenced above. Payment by check or money order may be mailed
to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.8 If you have questions, please contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. Hilltop Tower Leasing, Inc. shall also send
electronic notification on the date said payment is made to NER-Response@fcc.gov.
11.
The written statement seeking reduction or cancellation of the proposed forfeiture, if any,
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant


13 Id.
14 The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied,
15 FCC Rcd 303 (1999); 47 C.F.R. 1.80.
15 47 U.S.C. 503(b)(2)(E).
16 47 U.S.C. 503(b); 47 C.F.R. 0.111, 0.311, 0.314, 1.80, 1.903(a).
8 See 47 C.F.R. 1.1914.
3

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Federal Communications Commission

DA 11-84

to Sections 1.80(f)(3) and 1.16 of the Rules. The written statement, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Northeast Region, Philadelphia Office, One Oxford
Valley Building, Suite 404, 2300 East Lincoln Highway, Langhorne, Pennsylvania 19047 and must include
the NAL/Acct. No. referenced in the caption. The statement shall also be emailed to NER-
Response@fcc.gov.
12.
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;
(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.
13.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and regular mail, to Hilltop
Tower Leasing, Inc. at 400 Highland Avenue, Altoona, Pennsylvania, 16602.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
4

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