Before the

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

+------------------------------------+---+---+--------------------------+
| # In the Matter of                 | ) |   | File No. EB-03-SD-013    |
|                                    |   |   |                          |
| PGA Tour                           | ) |   | ######## NA              |
|                                    |   |   | L/Acct. No. 200332940005 |
| Licensee of Station WPSE606        | ) |   |                          |
|                                    |   |   | #                        |
| Ponte Vedra Beach, Florida         | ) |   | ###### FRN: 000-467-4693 |
|                                    |   |   |                          |
|                                    | ) |   |                          |
|                                    |   |   |                          |
|                                    | ) |   |                          |
|                                    |   |   |                          |
|                                    | ) |   |                          |
+------------------------------------+---+---+--------------------------+

# NOTICE OF APPARENT LIABILITY FOR FORFEITURE

# 

# By the Enforcement Bureau: San Diego Office Released: March 31, 2003

## INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that PGA Tour, the licensee of station WPSE606, apparently willfully
    and repeatedly violated Sections 1.903(a), 90.403(e), and 90.425(a)
    of the Commission's Rules ("Rules"),[^1] by operating station
    WPSE606 inconsistent with the terms of its authorization, causing
    harmful interference to another co-channel licensee and failing to
    transmit proper station identification. We conclude, pursuant to
    Section 503(b) of the Communications Act, as amended ("Act"),[^2]
    that PGA Tour is apparently liable for forfeiture in the amount of
    twelve thousand dollars (\$12,000).

## BACKGROUND

1.  On February 10, 2003, the Federal Communications Commission's
    ("FCC") San Diego office received an interference complaint from
    Gifford Engineering ("Gifford"), the licensee of a Private Land
    Mobile Radio Services ("PLMRS") station WPKZ572. Gifford reported
    that a data signal was disrupting the input frequency of their
    mobile relay station atop Mt. Otay near San Diego on 469.175 MHz for
    the past several days. An agent from the FCC's San Diego office
    investigated the complaint that same day and found the source of
    interference to be a data transmitter at the Torrey Pines Golf Club
    in La Jolla, California. The agent determined that the data
    transmitter was operated by PGA Tour under call sign WPSE606 on
    469.175 MHz.

2.  The agent found that PGA Tour had established the station to provide
    golf scoring data to broadcasters who would be covering the Buick
    Invitational Tournament later that week at the Torrey Pines golf
    course. The agent also found the station had been operating
    continuously for one week, had no capability to monitor the channel
    for other activity and was not transmitting any station
    identification. The PGA staff operating the station acknowledged
    that the frequency had been briefly monitored prior to commencing
    operation, but no subsequent monitoring of the frequency had
    occurred.

3.  The FCC's database reflects that station WPSE606 is authorized
    operate on 469.175 MHz nationwide. However, the authority for
    frequency 469.175 MHz is limited to voice transmissions under the
    emission designator 11K2F3E ("F3E"). The agent advised the PGA Tour
    staff that there appeared to be no authority for data transmission
    for 469.175 MHz and that their station was disrupting other
    authorized users. PGA Tour immediately ceased operations on 469.175
    MHz.

## DISCUSSION

4.  Section 503(b) of the Act 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 there under,
shall be liable for a forfeiture penalty.[^3] The term "willful" as used
in Section 503(b) has been interpreted to mean simply that the acts or
omissions are committed knowingly and the term "repeated" means the
commission or omission of the act more than once or for more than one
day.[^4]

5.  Section 1.903(a) of the Rules requires PLMRS stations to be used and
    operated only in accordance with the rules applicable to their
    particular service and with a valid authorization granted by the
    FCC. Each station authorization contains the technical data
    specifying how a station should operate, including frequency, power
    and type of emission. The PGA Tour is authorized only voice F3E type
    emissions, but chose to operate this station with a non voice data
    signal. Therefore, PGA Tour willfully and repeatedly violated
    Section 1.903(a) of the Rules by transmitting a data signal for
    several days up to and including February 10, 2003, on station
    WPSE606 on frequency 469.175 MHz without authority to use any non
    voice emissions.

6.  Section 90.403(e) of the Rules requires PLMRS licensees to take
    reasonable precautions to avoid causing interference, including
    monitoring the transmitting frequency for communications in progress
    and other measures as may be necessary to minimize the potential for
    causing interference. The PGA Tour setup a radio transmitter to
    relay data to a central point and left the unit operating
    continuously for several days with no meaningful data transmissions
    without engaging in any monitoring of the frequency. The station had
    no capability to monitor the communications channel or to determine
    if others were operating. Therefore, PGA Tour willfully and
    repeatedly violated Section 90.403(e) of the Rules by operating
    station WPSE606 for several days up to and including February 10,
    2003, on frequency 469.175 MHz without monitoring the transmitting
    frequency and by transmitting unnecessary signals that prevented the
    frequency from being used by others.

7.  Section 90.425(a) of the Rules requires PLMRS stations to be
    identified at regular intervals (every fifteen minutes in this case)
    whenever stations are used in a continuous mode. Licensees share
    frequencies in this radio service and station identification is
    essential. In order to resolve problems that may arise from time to
    time when frequencies are shared, being able to identify other users
    is critical to resolving an interference problem. PGA Tour failed to
    identify their station at any time or have the capability to
    identify their station, which compounded the problem to resolve the
    interference to Gifford for several days. Therefore, PGA Tour
    willfully and repeatedly violated Section 90.425(a) of the Rules by
    failing to identify station WPSE606 on frequency 469.175 MHz for
    several days up to and including February 10, 2003.

8.  Based on the evidence before us, we find that for several days up to
    and including February 10, 2003, PGA Tour operated station WPSE606
    on frequency 469.175 MHz with an unauthorized emission, caused
    interference to another licensee and failed to use a station
    identifier in willful and repeated violation of Sections 1.903(a),
    90.403(e) and 90.425(a) of the Rules. Pursuant to *The Commission's
    Forfeiture Policy Statement and Amendment of Section 1.80 of the
    Rules to Incorporate the Forfeiture Guidelines*,[^5] the base
    forfeiture amount for operating with an unauthorized emission is
    \$4,000, for causing interference is \$7,000 and for failing to
    operate without a station identifier is \$1,000. In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(D) of the Act,
    which include the nature, circumstances, extent, and gravity of the
    violation(s), 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] In applying Section
    1.80(b)(4) of the Rules and the statutory factors to the instant
    case, we find no compelling evidence to support any adjustments to
    the base forfeiture amounts. Therefore, a total forfeiture in the
    amount of \$12,000 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 of the Commission's Rules,
    PGA Tour, is hereby NOTIFIED of their APPARENT LIABILITY FOR A
    FORFEITURE in the amount of twelve thousand dollars (\$12,000) for
    violating Sections 1.903(a), 90.403(e), and 90.425(a) of the
    Commission's Rules.[^7]

10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NOTICE OF APPARENT
    LIABILITY, PGA Tour SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

11. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P. O. Box 73482, Chicago,
    Illinois 60673-7482. The payment should note the NAL/Account No
    200332940005 and FRN 000-467-4693.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12^th^ Street, S.W., Washington, DC 20554 and must
    include the NAL/Acct. No. 200332940005.

13. 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; 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.

14. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivable Operation Group, 445 12^th^ Street, S.W.,
    Washington, D.C. 20554.[^8]

15. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Federal
    Communications Commission, Enforcement Bureau, Technical & Public
    Safety Division. Your certification should indicate whether you,
    including your parent entity and its subsidiaries, meet one of the
    definitions set forth in the list provided by the FCC's Office of
    Communications Business Opportunities ("OCBO") set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Act. If you have
    questions regarding any of the information contained in Attachment
    A, please contact OCBO at (202) 418-0990.

16. IT IS FURTHER ORDERED THAT this NOTICE OF APPARENT LIABILITY shall
    be sent, by certified mail, return receipt requested, to PGA Tour,
    112 PGA Tour Boulevard, Ponte Vedra Beach, Florida, 32082.

FEDERAL COMMUNICATIONS COMMISSION

William R. Zears Jr.

District Director - San Diego Office

Enc: Attachment A

*Attachment A*

**October 2002**

+--------------------------------+-------------------------------------+
| **FCC List of Small Entities** |                                     |
|                                |                                     |
| **As described below, a "small |                                     |
| entity" may be a small         |                                     |
| organization,**                |                                     |
|                                |                                     |
| **a small governmental         |                                     |
| jurisdiction, or a small       |                                     |
| business.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(1) Small Organization**     |                                     |
+--------------------------------+-------------------------------------+
| **Any not-for-profit           |                                     |
| enterprise that is             |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field.**                       |                                     |
+--------------------------------+-------------------------------------+
| **(2) Small Governmental       |                                     |
| Jurisdiction**                 |                                     |
+--------------------------------+-------------------------------------+
| **Governments of cities,       |                                     |
| counties, towns, townships,    |                                     |
| villages, school districts,    |                                     |
| or**                           |                                     |
|                                |                                     |
| **special districts, with a    |                                     |
| population of less than fifty  |                                     |
| thousand.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(3) Small Business**         |                                     |
+--------------------------------+-------------------------------------+
| **Any business concern that is |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field, *and* meets the         |                                     |
| pertinent size criterion       |                                     |
| described below.**             |                                     |
+--------------------------------+-------------------------------------+
| **Industry Type**              | **Description of Small Business     |
|                                | Size Standards**                    |
+--------------------------------+-------------------------------------+
| ***Cable Services or           |                                     |
| Systems***                     |                                     |
+--------------------------------+-------------------------------------+
| Cable Systems                  | Special Size Standard --            |
|                                |                                     |
|                                | **Small Cable Company** has 400,000 |
|                                | Subscribers Nationwide or Fewer     |
+--------------------------------+-------------------------------------+
| Cable and Other Program        | \$12.5 Million in Annual Receipts   |
| Distribution                   | or Less                             |
+--------------------------------+-------------------------------------+
| Open Video Systems             |                                     |
+--------------------------------+-------------------------------------+
| ***Common Carrier Services and |                                     |
| Related Entities***            |                                     |
+--------------------------------+-------------------------------------+
| Wireline Carriers and Service  | 1,500 Employees or Fewer            |
| providers                      |                                     |
+--------------------------------+-------------------------------------+
| Local Exchange Carriers,       |                                     |
| Competitive Access Providers,  |                                     |
| Interexchange Carriers,        |                                     |
| Operator Service Providers,    |                                     |
| Payphone Providers, and        |                                     |
| Resellers                      |                                     |
+--------------------------------+-------------------------------------+
| **Note:** With the exception   |                                     |
| of Cable Systems, all size     |                                     |
| standards are expressed in     |                                     |
| either millions of dollars or  |                                     |
| number of employees and are    |                                     |
| generally the average annual   |                                     |
| receipts or the average        |                                     |
| employment of a firm.          |                                     |
| Directions for calculating     |                                     |
| average annual receipts and    |                                     |
| average employment of a firm   |                                     |
| can be found in                |                                     |
|                                |                                     |
| 13 C.F.R. §121.104 and 13      |                                     |
| C.F.R. § 121.106,              |                                     |
| respectively.                  |                                     |
+--------------------------------+-------------------------------------+
| ***International Services***   |                                     |
+--------------------------------+-------------------------------------+
| International Broadcast        | \$12.5 Million in Annual Receipts   |
| Stations                       | or Less                             |
+--------------------------------+-------------------------------------+
| International Public Fixed     |                                     |
| Radio (Public and Control      |                                     |
| Stations)                      |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite                |                                     |
| Transmit/Receive Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite Very Small     |                                     |
| Aperture Terminal Systems      |                                     |
+--------------------------------+-------------------------------------+
| Mobile Satellite Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Radio Determination Satellite  |                                     |
| Earth Stations                 |                                     |
+--------------------------------+-------------------------------------+
| Geostationary Space Stations   |                                     |
+--------------------------------+-------------------------------------+
| Non-Geostationary Space        |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Direct Broadcast Satellites    |                                     |
+--------------------------------+-------------------------------------+
| Home Satellite Dish Service    |                                     |
+--------------------------------+-------------------------------------+
| ***Mass Media Services***      |                                     |
+--------------------------------+-------------------------------------+
| Television Services            | \$12 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Low Power Television Services  |                                     |
| and Television Translator      |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| TV Auxiliary, Special          |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Radio Services                 | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio Auxiliary, Special       |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction Special Size Standard --    |
| Service                        |                                     |
|                                | **Small Business** is less than     |
|                                | \$40M in annual gross revenues for  |
|                                | three preceding years               |
+--------------------------------+-------------------------------------+
| ***Wireless and Commercial     |                                     |
| Mobile Services***             |                                     |
+--------------------------------+-------------------------------------+
| Cellular Licensees             | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase |                                     |
| I Licensees                    |                                     |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase | Auction special size standard -     |
| II Licensees                   |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and controlling          |
|                                | principals)                         |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and controlling          |
|                                | principals)                         |
+--------------------------------+-------------------------------------+
| 700 MHZ Guard Band Licensees   |                                     |
+--------------------------------+-------------------------------------+
| Private and Common Carrier     |                                     |
| Paging                         |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | 1,500 Employees or Fewer            |
| Communications Services        |                                     |
| (Blocks A, B, D, and E)        |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | Auction special size standard -     |
| Communications Services (Block |                                     |
| C)                             | **Small Business** is \$40M or less |
|                                | in annual gross revenues for three  |
|                                | previous calendar years             |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three calendar years  |
|                                | (includes affiliates and persons or |
|                                | entities that hold interest in such |
|                                | entity and their affiliates)        |
+--------------------------------+-------------------------------------+
| Broadband Personal             |                                     |
| Communications Services (Block |                                     |
| F)                             |                                     |
+--------------------------------+-------------------------------------+
| Narrowband Personal            |                                     |
| Communications Services        |                                     |
+--------------------------------+-------------------------------------+
| Rural Radiotelephone Service   | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Air-Ground Radiotelephone      |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| 800 MHz Specialized Mobile     | Auction special size standard -     |
| Radio                          |                                     |
|                                | **Small Business** is \$15M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
+--------------------------------+-------------------------------------+
| 900 MHz Specialized Mobile     |                                     |
| Radio                          |                                     |
+--------------------------------+-------------------------------------+
| Private Land Mobile Radio      | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Amateur Radio Service          | N/A                                 |
+--------------------------------+-------------------------------------+
| Aviation and Marine Radio      | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Fixed Microwave Services       |                                     |
+--------------------------------+-------------------------------------+
| Public Safety Radio Services   | **Small Business** is 1,500         |
|                                | employees or less                   |
|                                |                                     |
|                                | **Small Government Entities** has   |
|                                | population of less than 50,000      |
|                                | persons                             |
+--------------------------------+-------------------------------------+
| Wireless Telephony and Paging  | 1,500 Employees or Fewer            |
| and Messaging                  |                                     |
+--------------------------------+-------------------------------------+
| Personal Radio Services        | N/A                                 |
+--------------------------------+-------------------------------------+
| Offshore Radiotelephone        | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Wireless Communications        | **Small Business** is \$40M or less |
| Services                       | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 39 GHz Service                 |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction special size standard       |
| Service                        | (1996) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
|                                |                                     |
|                                | Prior to Auction --                 |
|                                |                                     |
|                                | **Small Business** has annual       |
|                                | revenue of \$12.5M or less          |
+--------------------------------+-------------------------------------+
| Multichannel Multipoint        | \$12.5 Million in Annual Receipts   |
| Distribution Service           | or Less                             |
+--------------------------------+-------------------------------------+
| Instructional Television Fixed |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Local Multipoint Distribution  | Auction special size standard       |
| Service                        | (1998) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 218-219 MHZ Service            | First Auction special size standard |
|                                | (1994) --                           |
|                                |                                     |
|                                | **Small Business** is an entity     |
|                                | that, together with its affiliates, |
|                                | has no more than a \$6M net worth   |
|                                | and, after federal income taxes     |
|                                | (excluding carryover losses) has no |
|                                | more than \$2M in annual profits    |
|                                | each year for the previous two      |
|                                | years                               |
|                                |                                     |
|                                | New Standard --                     |
|                                |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| Satellite Master Antenna       | \$12.5 Million in Annual Receipts   |
| Television Systems             | or Less                             |
+--------------------------------+-------------------------------------+
| 24 GHz -- Incumbent Licensees  | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 24 GHz -- Future Licensees     | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| ***Miscellaneous***            |                                     |
+--------------------------------+-------------------------------------+
| On-Line Information Services   | \$18 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio and Television           | 750 Employees or Fewer              |
| Broadcasting and Wireless      |                                     |
| Communications Equipment       |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Audio and Video Equipment      |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Telephone Apparatus            | 1,000 Employees or Fewer            |
| Manufacturers (Except          |                                     |
| Cellular)                      |                                     |
+--------------------------------+-------------------------------------+
| Medical Implant Device         | 500 Employees or Fewer              |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Hospitals                      | \$29 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Nursing Homes                  | \$11.5 Million in Annual Receipts   |
|                                | or Less                             |
+--------------------------------+-------------------------------------+
| Hotels and Motels              | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Tower Owners                   | (See Lessee's Type of Business)     |
+--------------------------------+-------------------------------------+

[^1]: 47 C.F.R. §§ 1.903(a), 90.403(e) and 90.425(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: 47 U.S.C. § 503(b).

[^4]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to 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...." *See Southern California Broadcasting Co*., 6 FCC Rcd 4387
    (1991). Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
    also applies to Section 503(b), provides: \"\[t\]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."

[^5]: *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,*
    12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80, 1.903(a),
    90.403(e), and 90.425(a).

[^8]: *See* 47 C.F.R. § 1.1914.