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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )
                              ) 
County of Surry                         )                        

)    File No.:  X20EF0019
Licensee of Public Safety Land Mobile        )
Station KDP344                )
Dobson, North Carolina                  )    


                    MEMORANDUM OPINION & ORDER

  Adopted:  April 27, 2000              Released:     April   28, 

2000

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION
· 
     1.   This Memorandum Opinion & Order (``Order''), rescinds a 
monetary  forfeiture  in  the  amount  of  two  thousand  dollars 
($2,000) that was issued against the County of Surry  (``Surry'') 
for apparent violation of Section  301 of the Communications  Act 
of 1934  (``Act''), as  amended,1 former  Section 90.113  of  the 
Commission's Rules (``Rules''),2 and current section 1.903(a)  of 
the  Rules.3  The  forfeiture  had  been  assessed  for   Surry's 
operation of the above-captioned station with an expired  license 
for approximately seventeen months. 

     2.   On  November  5,   1999,  the  Chief   of  the   former 
Enforcement and  Consumer Information  Division of  the  Wireless 
Telecommunications Bureau (``WTB'') issued  a Notice of  Apparent 
Liability for Forfeiture  in the amount  of two thousand  dollars 
($2,000) to Surry.4   Surry filed a response on December 3, 1999. 

                         II.  BACKGROUND

     3.   Surry's authorization for the captioned station expired 
on March 28,  1998.  Surry  applied for and  was granted  Special 
Temporary  Authority  (``STA'')  to  continue  operating  Station 
KDP344, effective August 27, 1999.  WTB issued a new license  for 
Surry's operation of the station on November 24, 1999. 

     4.   In its response, Surry states that the frequencies  for 
Station KDP344 are used  by the Office of  the Sheriff for  Surry 
County  to  dispatch  and   coordinate  the  activities  of   law 
enforcement personnel, and that its failure to renew the  license 
in a timely  fashion resulted in  part due to  a mailing  address 
error.  The licensed frequencies at issue have been in continuous 
use by Surry for more than 25 years, and Surry has not previously 
had  any  problems  or  violations  related  to  these   licensed 
frequencies  or  their  use.    The  Commission  sent  Surry   an 
application to renew the license prior to its expiration in 1998, 
but the  application was  sent to  the wrong  address, and  Surry 
therefore never received it.  That address has now been corrected 
in the Commission's records.   As soon as  Surry became aware  of 
the problem, it began taking  steps to determine how it  occurred 
and  to  correct  it.   Surry  also  voluntarily  disclosed   the 
violation to the Commission.   In an effort  to ensure that  such 
violations do not recur, Surry  has assigned a new person  within 
the Office of the Sheriff as the point of contact for all matters 
related to the license, and  has notified the Commission of  this 
assignment.  

                        III.  DISCUSSION

     5.   Upon review  of the  particular circumstances  in  this 
case, and  in  accordance with  the  discretion afforded  to  the 
Commission by  Section 504(b)  of the  Act,5 and  implemented  by 
Section 1.80(i) of the Rules,6 we have determined that rescission 
of the forfeiture is warranted. 

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS ORDERED, pursuant to Section  504(b) 
of the Act,  and Sections 0.111,  0.311 and 1.80  of the  Rules,7 
that the forfeiture issued against County of Surry IS RESCINDED.

     7.   IT IS FURTHER ORDERED that, a copy of this Order shall 
be sent by Certified Mail Return Receipt Requested to the County 
of Surry, and its counsel, Fred J. Folger, at Folger & Folger, 
129 Moore Avenue, P.O. Box 428, Mount Airy, North Carolina 27030.


                         FEDERAL COMMUNICATIONS COMMISSION
                         

                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 U.S.C. § 301.

     2 47 C.F.R. § 90.113.

     3 47 C.F.R.  § 1.903(a).  On  February 12,  1999, the  rules 
implementing the  Commission's  new  Universal  Licensing  System 
became effective.   The  requirement to  have  an  authorization, 
formerly contained  in  Section  90.113  of  the  Rules,  is  now 
contained in Section 1.903(a) of the Rules.  See In the Matter of 
the Biennial Regulatory Review - Amendment of Parts 0, 1, 13, 22, 
24, 26, 27, 80, 87, 90, 95, 97 and 101 of the Commission's  Rules 
to Facilitate the Development and Use of the Universal  Licensing 
Service in the Wireless  Telecommunications Services, 13 FCC  Rcd 
21027 (1998).  Section  90.113 of  the Rules  was the  applicable 
rule from May 6, 1998 to February 11, 1999.

     4 Notice of Apparent Liability for Forfeiture, DA 99-2460 
(WTB, released November 5, 1999).

     547 U.S.C. § 504(b).

     6 47 C.F.R. § 1.80(i).

     7 47 C.F.R. §§ 0.111, 0.311, and 1.80.