Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-02-MA-023
Air Paging, Inc. ) NAL/Acct. No.
200332600001
Licensee of Radio Station WPPB501 ) FRN 0003-7891-04
North Miami Beach, Florida )
FORFEITURE ORDER
Adopted: August 27, 2003 Released:
September 2, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of nine thousand
dollars ($9,000) to Air Paging, Inc. (``Air Paging''),
licensee of Radio Station WPPB501, North Miami Beach,
Florida, for willful and repeated violation of
Sections 1.903(a), 90.403(f) and 90.425(a) of the
Commission's Rules (``Rules'').1 The noted violations
involve Air Paging's failure to operate its Wireless
Radio Station in accordance with its station
authorization, continuous radiation of an unmodulated
carrier, and failure to provide station identification
by the assigned call sign.
2. On March 18, 2003, the Commission's Miami, Florida
Resident Agent Office (``Miami Office'') issued a Notice of
Apparent Liability for Forfeiture (``NAL'') in the amount of
$9,000 to Air Paging.2 Air Paging has not filed a response to
the NAL. Based on the information before us, we affirm the
forfeiture.
3. Finally, we note that it is unclear from the record
before us what steps, if any, Air Paging has taken to correct the
violations cited in the NAL and to ensure that these violations
do not recur in the future. Accordingly, we will requires
pursuant to Section 308(b) of the Communications Act of 1934, as
amended, (``Act''),3 that Air Paging submit a report to the
Enforcement Bureau within 30 days of the release of this Order
outlining what measures it has taken or will take to correct the
violations and ensure that they do not recur. Air Paging's
report must be submitted in the form of an affidavit or
declaration signed by an officer or director of Air Paging.4
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
503(b) of the Act,5 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,6 Air Paging IS LIABLE FOR A MONETARY FORFEITURE in the
amount of $9,000 for willfully and repeatedly violating Sections
1.903(a), 90.403(f) and 90.425(a) of the Rules.
5. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules 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.7
Payment shall be made 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
NAL/Acct. No. 200332600001, and FRN 0003-7891-04. 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. 20554.8
6. IT IS FURTHER ORDERED that, pursuant to Section 308(b)
of the Act, Air Paging must submit the report described in
paragraph 3 no later than thirty (30) days from the date of the
release of this Order to: Federal Communications Commission,
Enforcement Bureau, Spectrum Enforcement Division, 445 12th
Street, S.W., Washington, D.C. 20554, Attention: Carmen Suarez.
7. IT IS FURTHER ORDERED that, a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Air Paging, Inc., at 469 NE 167 Street,
North Miami Beach, Florida 33162 and 1000 N. Hiatus Road, Suite
110, Pembroke Pines, Florida 33026.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. §§ 1.903(a), 90.403(f) and 90.425(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332600001 (Enf. Bur., Miami Office, released March 18, 2003).
3 47 U.S.C. § 308(b).
4 Such affidavit or declaration should comply with Section
1.16 of the Rules, 47 C.F.R. § 1.16, and be substantially in the
form set forth herein.
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.