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Post by va3css on May 13, 2007 22:53:56 GMT -5
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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File Number: EB-06-LA-171
Federal Express Corporation
) NAL/Acct. No. 200632900013
Licensee of Station WQAS435
) FRN: 0010662195
Bloomington, California
)
)
FORFEITURE ORDER
Adopted: May 2, 2007 Released: May 4, 2007
By the Regional Director, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Federal Express
Corporation ("Fed Ex"), for willful and repeated violation of Section
1.903(a) of the Commission's Rules ("Rules"). On August 17, 2006, the
Enforcement Bureau's Los Angeles Office issued a Notice of Apparent
Liability for Forfeiture ("NAL") in the amount of $4,000 to Fed Ex
after determining that Fed Ex apparently willfully and repeatedly
operated on 460.250 MHz, a frequency not authorized by its license,
WQAS435. In this Order, we consider Fed Ex's argument that it did not
willfully or repeatedly operate in violation of the Rules.
II. BACKGROUND
2. On June 15, 2006, the Enforcement Bureau's Los Angeles Office received
an interference complaint from the City of Riverside, California,
Police Department, who reported that they had been receiving
co-channel interference to their radio system licensed to operate on
460.250 MHz during early morning tactical operations for several
weeks. Riverside Police also reported that they had previously used
their own direction finding equipment and located the interference to
the Fed Ex package distribution facility in nearby Bloomington,
California. After locating the interference, Riverside Police
Department personnel stated that they immediately contacted Fed Ex
personnel, who agreed to stop operating and correct the problem.
Several days later, however, the Riverside Police again noticed the
interference on 460.250 MHz. The Riverside Police then contacted the
FCC Enforcement Bureau's Los Angeles Office. A review of the
Commission's records by the Los Angeles Office revealed that the Fed
Ex license, WQAS435, did not include authorization for Fed Ex to
operate on 460.250 MHz.
3. On June 23, 2006, during early morning hours, an agent from the Los
Angeles Office used mobile direction finding techniques to locate
radio operations from multiple portable transmitters operating on
460.250 MHz from within the Fed Ex facility in Bloomington. The
communications were not identified by any call sign. After locating
the stations, the Los Angeles agent interviewed Fed Ex personnel and
managers. Fed Ex's Assistant Hub Manager recalled that after receiving
the interference complaint from Riverside Police, he reported the
problem to Fed Ex's radio service company. No follow-up apparently
occurred between Fed Ex and the radio service company between June 15,
2006 and June 23, 2006. The Los Angeles agent measured the frequencies
of several other radio channels programmed into the portable radios in
use at the Fed Ex facility and discovered that, in addition to 460.250
MHz, four other channels were installed which were not authorized by
the WQAS435 license. The Los Angeles agent informed Fed Ex's Local
City Manager that the current license did not authorize the use of the
460.250 MHz, and the other four frequencies programmed into the
radios. The Fed Ex Local City Manager stated that he would immediately
stop using 460.250 MHz, and check to make sure all frequencies used in
the future were authorized.
4. On August 17, 2006, the Los Angeles Office issued a NAL in the amount
of $4,000 to Fed Ex. In the NAL, the Los Angeles Office found that Fed
Ex apparently willfully and repeatedly violated Section 1.903(a) of
the Rules by operating on 460.250 MHz, a frequency not authorized by
its license, WQAS435. Fed Ex filed a response to the NAL on September
20, 2006 ("Response"). In its Response, Fed Ex argues that its
violation was not willful, as Fed Ex was not made fully aware of the
interference by the Riverside Police Department. Fed Ex also argues
that the violation was not repeated, because Fed Ex was able to
resolve the interference the same day it was notified of the
interference by the Los Angeles FCC agent.
III. DISCUSSION
5. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and The
Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines. In examining
the Response, Section 503(b) of the Act requires that the Commission
take into account 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.
6. Section 1.903(a) of the Rules requires 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. The Fed Ex land mobile
license, WQAS435, does not include an authorization to operate on
460.250 MHz in the Riverside, California area. On June 15, 2006,
Riverside Police reported to the Los Angeles Office that they were
continuing to experience co-channel interference to their operations
on 460.250 MHz. Riverside Police further reported that they had
previously located the interference to Fed Ex's operations in
Bloomington, California, had contacted Fed Ex about the interference,
and had been assured by Fed Ex personnel that they would cease
operations on 460.250 MHz and that the interference would be resolved.
On June 23, 2006, a Los Angeles FCC agent determined that Fed Ex was
operating its land mobile station, WQAS435, on 460.250 MHz, a
frequency not authorized by its license.
7. In its Response, Fed Ex does not dispute that it was operating on
460.250 MHz. Instead, Fed Ex focuses its response on the steps that it
took to respond to the Riverside Police Department's complaint of
interference. Fed Ex acknowledges that the Riverside Police Department
advised it, in person, that they were experiencing co-channel
interference and further acknowledges that Fed Ex was unable to
determine the source of the interference, until the FCC agent followed
up after receiving the complaint from the Riverside Police Department
and determined that Fed Ex was using handheld radios on frequencies
not authorized by its license. Fed Ex argues that its response to the
complaint from the Riverside Police Department was immediate and
therefore its violation was not willful. In addition, Fed Ex argues
that when it was investigated by the Los Angeles FCC agent concerning
the interference, days later, it immediately acted and the problem was
permanently resolved that same day.
8. The NAL issued by the Los Angeles Office found that Fed Ex apparently
violated Section 1.903(a) by operating on a frequency not authorized
on its license. While the investigation by the Los Angeles Office was
initiated because of the complaint of interference by the Riverside
Police Department, Fed Ex was not found apparently liable for causing
interference to the Riverside Police Department. Instead, Fed Ex was
found apparently liable of operating its land mobile station, WQAS435,
on 460.250 MHz, a frequency not authorized by that license. Fed Ex
offers no evidence to dispute the Los Angeles Office finding that Fed
Ex was operating WQAS435 on 460.250 MHz on June 15, 2006, and June 23,
2006. Fed Ex also does not dispute the Los Angeles Office's finding
that Fed Ex personnel acknowledged continued operation on 460.250 MHz,
even after the initial complaint from the Riverside Police Department.
In addition, Fed Ex does not dispute the Los Angeles Office's finding
that 460.250 MHz was programmed into the portable radios in use at the
Fed Ex facility.
9. Because Fed Ex has offered no evidence to refute the finding that it
repeatedly operated radios on a frequency not authorized by its
license, we affirm the Los Angeles Office's findings. A licensee is
required to operate on the frequency stated in its authorization. We
acknowledge that Fed Ex immediately stopped operation on 460.250 MHz
after the Los Angeles FCC agent informed Fed Ex that the operation was
not authorized. However, as the Los Angeles Office noted in the NAL, a
licensee is expected to correct errors when they are brought to the
licensee's attention and that such correction is not grounds for a
downward adjustment in the forfeiture.
10. We have examined the Response to the NAL pursuant to the statutory
factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that Fed Ex
willfully and repeatedly violated Section 1.903(a) of the Rules.
Considering the entire record and the factors listed above, we find
that neither reduction nor cancellation of the proposed $4,000
forfeiture is warranted.
IV. ORDERING CLAUSES
11. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Federal Express
Corporation IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$4,000 for willfully and repeatedly violating Section 1.903(a) of the
Rules.
12. 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. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O.
Box 358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may
be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number 911-
6106. Requests for full payment under an installment plan should be
sent to: Associate Managing Director - Financial Operations, Room
1A625, 445 12th Street, S.W., Washington, D.C. 20554.
13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Fed Ex
Corporation, at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 C.F.R. S 1.903(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632900013
(Enf. Bur., Western Region, Los Angeles Office, released August 17, 2006).
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
47 U.S.C. S 503(b)(2)(E).
Fed Ex relies on a September 18, 2006, letter from its radio service
company, in which the company assures Fed Ex that its equipment is "always
on licensed frequencies." However, the radio service company also
acknowledges that it resolved the problem involving a single channel based
on the information provided by the FCC agent.
Dominic DeNaples, 19 FCC Rcd 12303 (EB 2004).
AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 1.903(a).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 07-1995
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Federal Communications Commission DA 07-1995
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