**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-04-NY-050        |
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| Universal Network Television,    | ) | NAL/Acct. No. 200532380001   |
| LLC                              | * |                              |
|                                  | * | FRN: 00010 6623 51           |
| Universal City, CA               |   |                              |
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**FORFEITURE ORDER**

**Adopted:** June 8, 2005 **Released:** June 10, 2005

By the Regional Director, Northeast Region, Enforcement Bureau:

# introduction

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of ten thousand dollars (\$10,000) to
    Universal Network Television, LLC ("Universal") for willfully and
    repeatedly violating Section 301 of the Communications Act of 1934,
    as amended ("Act"),[^1] by operating unlicensed radio transmitting
    equipment on the frequency 465.63125 MHz in New York, NY.

# BACKGROUND

2.  On March 22, 2004, the Commission's New York Field Office ("New York
    Office") received a complaint of interference from a licensee in the
    Public Safety Radio Pool operating on the frequency 465.6250 MHz.
    The complainant identified Universal, located at Pier 62, West
    23^rd^ Street and 12^th^ Avenue, New York, NY, 10011, as the party
    causing the interference by operation on the frequency 465.63125
    MHz. The complainant also stated that Universal was notified of the
    interference caused by the unlicensed operation on the frequency
    465.63125 MHz.

3.  On March 23, 2004, a Commission agent, using a mobile
    direction-finding vehicle monitored the frequency 465.63125 MHz in
    New York, NY and positively located the source of the transmissions
    to the area at Pier 62, West 23^rd^ Street and 12^th^ Avenue, New
    York, NY 10011. The agent observed transmissions from several
    portable transceivers used by a television production crew. A review
    of the Commission's databases at that time showed no evidence of an
    authorization for Universal to operate on the frequency 465.63125 in
    New York, NY, or anywhere else, and further revealed that Universal
    did not hold any land mobile licenses.

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1.  On March 24, 2004, Commission agents monitored the frequency
    465.63125 MHz in New York, NY, and heard transmissions of a
    television production crew. The agents returned to Universal, Pier
    62, West 23^rd^ Street and 12^th^ Avenue, New York, NY 10011, and
    conducted an inspection of the radio equipment with the Assistant
    Production Coordinator. The agents determined that Universal
    operated Motorola P1225 UHF portable radio transceivers, rated at
    4.4 watts, on the frequency 465.63125 MHz. The agents advised the
    Assistant Production Coordinator that operation on that frequency
    requires a license and that, based on the agent's review of the
    Commission's databases, there was no evidence of a Commission
    authorization for this operation in New York, NY and therefore
    Universal was operating portable radio transmission equipment
    without the required FCC license.

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2.  On October 18, 2004, the Commission's New York Office issued a
    *Notice of Apparent Liability for Forfeiture* ("*NAL*") to Universal
    for a forfeiture in the amount of ten thousand dollars (\$10,000)
    for willful and repeated violation of Section 301 of the Act.[^2]
    Universal filed a response to the *NAL* on November 16, 2004. In its
    response, Universal explains that for many years it used the
    frequency 465.63125 MHz on its portable transceivers pursuant to a
    service agreement with a third-party vendor. Universal states that
    to facilitate more efficient operations, it decided to purchase the
    portable transceivers from that same third-party vendor and
    subsequently purchased additional portable transceivers from another
    third-party vendor. All of the transceivers purchased by Universal
    were programmed with the 465.63125 MHz frequency that Universal had
    been using under the service agreement. Universal claims that
    neither vendor advised Universal that it was required to acquire a
    license to operate the portable transceivers on the frequency
    465.63125 MHz.

# DISCUSSION

3.  The forfeiture amount proposed in this case was assessed in
    accordance with Section 503(b) of the Communications Act of 1934, as
    amended ("Act"),[^3] Section 1.80 of the Rules,[^4] and the
    *Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines*.[^5] In
    assessing forfeitures, Section 503(b)(2)(D) of the Act requires that
    we 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 such
    other matters as justice may require.[^6] As discussed below, we
    have considered Universal's response to the *NAL* in light of these
    statutory factors and have found that reduction or cancellation of
    the proposed forfeiture amount is not warranted.

4.  Section 301 of the Act states that no person shall use or operate
    any apparatus for the transmission of energy or communications or
    signals by radio within the United States except under and in
    accordance with the Act and with a license.[^7] Commission agents
    determined that Universal operated radio-transmitting equipment on
    March 23, 2004 and March 24, 2004 without an FCC license. The
    violation of Section 301 of the Act therefore is repeated.[^8]

5.  In light of our determination that Universal's violation was
    repeated, we are not required under the Act to make a determination
    as to whether the violation was willful. Section 503(b) of the Act
    gives the Commission the authority to assess a forfeiture penalty
    against any person if the Commission determines that the person has
    "willfully or repeatedly" failed to comply with the provisions of
    the Act or with any rule, regulation or order issued by the
    Commission. We nevertheless address Universal's claim that its
    actions were not willful.

6.  Universal argues that the forfeiture should be cancelled because it
    was not aware that a license was necessary for the operation of the
    radio transmitting equipment and therefore the violation cannot be
    considered "willful." For a violation to be willful, it must be
    committed consciously and deliberately, irrespective of any intent
    to violate the Rules.[^9] Universal does not dispute that it
    operated the portable transceivers without a license and therefore
    its actions were willful, as that term is defined in the Act.
    Furthermore, as the owner and operator of the radio equipment,
    Universal, not its radio vendor, is responsible for complying with
    all applicable FCC rules. The Commission has consistently stated
    that ignorance of the law is not a mitigating factor.[^10]

7.  We also find that cancellation is not warranted based on the
    remedial actions taken by Universal since it became aware of the
    unlicensed operation. Universal states that it (1) voluntarily
    cooperated with efforts to resolve the interference , (2) terminated
    operations until the necessary applications were submitted, (3) took
    it upon itself to prepare and submit the necessary FCC applications,
    and (4) implemented internal compliance procedures. As the
    Commission has stated, "corrective action taken to come into
    compliance with Commission rules or policy is expected, and does not
    nullify or mitigate any prior forfeitures or violations."[^11]

8.  We have examined Universal's 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
    Universal willfully and repeatedly violated Section 301 of the Act.
    We also conclude that neither cancellation nor reduction of the
    proposed \$10,000 monetary forfeiture is warranted.

# Ordering clauses

9.  Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules[^12],
    Universal Network Television, LLC. **IS LIABLE FOR A MONETARY
    FORFEITURE** in the amount of ten thousand dollars (\$10,000) for
    willful and repeated violation of Section 301 of the Act.

10. 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: Chief, Revenue and Receivables Operations Group,
    445 12th Street, S.W., Washington, D.C. 20554.[^13]

11. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to
    Universal Network Television, LLC's address of record.

    FEDERAL COMMUNICATIONS COMMISSION

Russell Monie, Jr.

Regional Director, Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200532380001 (Enf. Bur., New York Office, released October 18,
    2004).

[^3]: 47 U.S.C. § 503(b).

[^4]: 47 C.F.R. § 1.80.

[^5]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999)
    ("*Forfeiture Policy Statement*").

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 U.S.C. § 301.

[^8]: 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."

[^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 Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^10]: *Southern California Broadcasting Co*., 6 FCC Rcd 4387 (1991),
    citing *Vernon Broadcasting, Inc*., 60 RR 2d 1275, 1277 (1986) and
    *Fay Neel Eggleston*, 19 FCC 2d 829 (1969).

[^11]: *See Seawest Yacht Brokers*, 9 FCC Rcd 6099 (1994).

[^12]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f).

[^13]: *See* 47 C.F.R. § 1.1914.