Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-07-PO-055       |
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| Metro West Ambulance             | ) | NAL/Acct. No.: 200732920004     |
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| Licensee of Station WQBI492      | ) | FRN: 0001592666                 |
|                                  |   |                                 |
| Hillsboro, Oregon                | ) |                                 |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## FORFEITURE ORDER

**Adopted: February 27, 2008 Released: March 3, 2008**

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 three thousand, two hundred dollars (\$3,200) to
    Metro West Ambulance (\"Metro West\"), licensee of station WQBI492,
    in Hillsboro, Oregon, for willful and repeated violation of Section
    1.903(a) of the Commission\'s Rules (\"Rules\").[^1] On June 11,
    2007, the Enforcement Bureau's Portland Resident Agent Office issued
    a Notice of Apparent Liability for Forfeiture ("*NAL*") in the
    amount of \$4,000 to Metro West after determining that Metro West
    apparently willfully and repeatedly operated on 463.2875 MHz, a
    frequency not authorized by its license, WQBI492.[^2] Metro West
    filed a response to the *NAL* on July 2, 2007 ("*Response*"). In
    this *Order*, we consider Metro West's arguments that the violation
    was not willful and not repeated, that Metro West took immediate
    steps to rectify the situation as soon as it was aware of the
    violation, and that Metro West has a history of compliance with the
    Commission's Rules.

# II. BACKGROUND

2.  On March 30, 2007, the Enforcement Bureau's Portland Resident Agent
    Office ("Portland Office") received a complaint against Metro West
    regarding its unlicensed operation on frequency 463.2875 MHz. In
    response to the complaint, a Portland Office agent monitored and
    recorded radio transmissions exchanged between Metro West's
    ambulance vehicles and its dispatch center. When the agent
    interviewed Metro West personnel and a communications center manager
    about their use of frequency 463.2875 MHz, the Metro West
    representatives denied such use and affirmatively stated that Metro
    West was not operating on 463.2875 MHz. The representatives then
    provided the agent a copy of the WQBI492 license. The license showed
    that frequency 151.865 MHz was the only authorized frequency to
    Metro West on that license. The agent issued a verbal warning to
    Metro West representatives advising that a new authorization was
    required if Metro West wanted to use 463.2875 MHz. In its
    *Response,* however, Metro West disputes that the Portland agent
    verbally warned Metro West about its unauthorized operation on
    463.2875 MHz.

3.  From April 4, 2007, to April 10, 2007, the Portland Office continued
    receiving complaints concerning Metro West's unlicensed operation on
    frequency 463.2875 MHz.

4.  On April 17, 2007, the Portland agent used mobile radio direction
    finding techniques to locate an unauthorized transmitter on
    frequency 463.2875 MHz operated by Metro West in a communications
    site, managed by BEARCOM Communications, in Portland, Oregon. The
    agent telephoned the site manager and requested to inspect the
    station. The site owner agreed to meet the agent on April 20, 2007.
    Later on April 17, 2007, the Portland agent received a phone call
    from a representative of Metro West admitting that they were using
    frequency 463.2875 MHz without a license. In its *Response,* Metro
    West asserts this was the first time it realized it was in fact
    operating on 463.2875 MHz. The Metro West representative indicated
    that he would apply for a special temporary authorization ("STA") or
    a frequency coordination for use of frequency 463.2875 MHz and that
    he would sent a copy of the a STA or frequency coordination approval
    as soon as he received the documents.

5.  On April 18, 2007, the Portland agent monitored frequency 463.2875
    MHz and observed that Metro West was still using the referenced
    frequency without a FCC authorization. The agent recorded Metro
    West's radio transmissions on April 18, 2007.

6.  On April 20, 2007, the Portland agent received a fax copy of a
    frequency coordination approval indicating that Metro West had
    applied to operate on the new frequency 463.2375 MHz. The agent also
    received a voice mail message from a Metro West representative
    indicating that Metro West had vacated frequency 463.2875 MHz. The
    agent then met with a representative from BEARCOM Communications to
    inspect Metro West's transmitter and verified that Metro West had
    vacated frequency 463.2875 MHz.

7.  On June 11, 2007, the Portland agent researched the Commission's
    databases and found that Metro West's authorization for use of
    frequency 463.2875 MHz, under call sign WQBC803, had expired on
    March 21, 2005.

8.  On June 11, 2007, the Portland Office issued a *NAL* in the amount
    of \$4,000 to Metro West. In the *NAL*, the Portland Office found
    that Metro West apparently willfully and repeatedly violated Section
    1.903(a) of the Rules[^3] by operating on 463.2875 MHz, a frequency
    not authorized by its license, WQBI492. In its *Response*, Metro
    West disputes some of the facts recited in the *NAL,* argues that
    the violation was not willful and not repeated, that Metro West took
    immediate steps to rectify the situation as soon as it was aware of
    the violation, and that Metro West has a history of compliance with
    the Commission's Rules.

# III. DISCUSSION

9.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^4] Section 1.80 of the
    Rules,[^5] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*.[^6] 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.[^7]

10. 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. Metro West's authorization
    for use of frequency 463.2875 MHz, under call sign WQBC803, expired
    on March 21, 2005. The Metro West land mobile license, WQBI492,
    provided by Metro West representatives on March 30, 2007, did not
    include an authorization to operate on 463.2875 MHz in the Portland,
    Oregon area..

11. In its *Response*, Metro West states it did not receive a verbal
    warning from the Portland agent on March 30, 2007, and attaches to
    its *Response* a signed statement from an employee of Metro West
    stating that the only frequency mentioned by the Portland agent was
    151.865 MHz. Metro West acknowledges in the *Response*, however,
    that the Portland agent did ask another Metro West employee, its
    Communications Center Manager, about Metro West's license for
    463.2875 (which had expired) and the manager told the Portland agent
    that it was not using that frequency. Metro West argues that it had
    no knowledge that WQBI492 was operating on 463.2875, until it was
    alerted to this operation on April 17, 2007, by a communications
    company which had been contacted by the Portland agent to obtain
    access to the Metro West tower. Metro West states that the
    communications company then informed Metro West that WQBI492 was
    operating on 463.2875 MHz. Metro West states that it contacted the
    Portland agent on April 18, 2007, to clarify the information it had
    received from the communications company and again told the Portland
    agent it was not aware that WQBI492 was operating on 463.2875 MHz.
    Because of its lack of knowledge of its operation on 463.2875 MHz,
    Metro West argues that its operation cannot be considered willful.
    We disagree.

12. A licensee is required to operate on the frequency stated in its
    authorization.[^8] Section 312(f)(1) of the Act,[^9] 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...."[^10] Metro West consciously and deliberately operated
    WQBI492. Additionally, Metro West acknowledges the Portland agent
    did talk to its Communications Center Manager about the use of
    463.2875 MHz on March 30, 2007. Even if the manager did not
    understand this communication to be a warning, Metro West assured
    the Portland agent that WQBI492 was not operating on 463.2875 MHz,
    and Metro West took no action to ensure the accuracy of this
    statement, until more than two weeks later, when the Portland agent
    contacted another company about what appeared to be Metro West's
    operation on 463.2875 MHz. We find that Metro West was put on notice
    about its potential unauthorized use of 463.2875 MHz by the Portland
    agent on March 30, 2007, failed to ensure it was not operating on
    that frequency, and, consequently, continued operating on that
    frequency. Therefore, we find that Metro West willfully operated on
    a frequency not authorized by its license, WQBI492.

13. Metro West also argues that because it was not aware of its
    operations on 463.2875 MHz, and was not aware that a violation was
    occurring, its violation was not repeated. We disagree. Section
    312(f)(2) of the Act defines "repeated" as "the commission or
    omission of such act more than once or, if such commission or
    omission is continuous, for more than one day."[^11] In this case,
    the evidence is clear that Metro West operated WQBI492 on 463.2875
    MHz for more than one day. Therefore, we find no merit to this
    argument.

14. Metro West also contends that it has a history of overall compliance
    with the Commission's Rules. We have reviewed our records and we
    concur. Consequently, we reduce Metro West's forfeiture amount from
    \$4,000 to \$3,200.

15. Metro West also argues that it immediately rectified the situation
    after it was made aware of the violation of April 17, 2007. That
    effort, however, was only made after the Portland agent had
    contacted the communications company for access to the Metro West
    radio tower, and the communications company then contacted Metro
    West. While we appreciate Metro West's efforts, the Commission has
    consistently held that a licensee is expected to correct errors when
    they are brought to the licensee's attention by the Commission staff
    and that such correction is not grounds for a downward adjustment in
    the forfeiture.[^12] Therefore, we find no merit to this argument.

16. 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 Metro
    West willfully and repeatedly violated Section 1.903(a) of the
    Rules. Considering the entire record and the factors listed above,
    we find that reduction of the proposed forfeiture to \$3,200 is
    warranted.

# IV. ORDERING CLAUSES

17. **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, Metro West
    Ambulance **IS LIABLE FOR A MONETARY FORFEITURE** in the amount of
    \$3,200 for willfully and repeatedly violating Section 1.903(a) of
    the Rules.[^13]

18. 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.[^14] 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/Account Number and FRN Number referenced above.
    Payment by check or money order may be mailed to Federal
    Communications Commission, P.O. Box 979088, St. Louis, MO
    63197-9000. Payment by overnight mail may be sent to U.S. Bank --
    Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
    Louis, MO 63101. Payment by wire transfer may be made to ABA Number
    021030004, receiving bank TREAS/NYC, and account number 27000001.
    For payment by credit card, an FCC Form 159 (Remittance Advice) must
    be submitted.  When completing the FCC Form 159, enter the
    NAL/Account number in block number 23A (call sign/other ID), and
    enter the letters "FORF" in block number 24A (payment type code).
    Requests for full payment under an installment plan should be sent
    to:  Chief Financial Officer \-- Financial Operations, 445 12th
    Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact
    the Financial Operations Group Help Desk at 1-877-480-3201 or Email:
    <ARINQUIRIES@fcc.gov> with any questions regarding payment
    procedures.

19. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class Mail and Certified Mail Return Receipt Requested to
    Metro West Ambulance, at its address of record.

**FEDERAL COMMUNICATIONS COMMISSION**

Rebecca L. Dorch

Regional Director, Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a).

[^2]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200732900004 (Enf. Bur., Western Region, Portland Resident Agent
    Office, released June 11, 2007).

[^3]: 47 C.F.R. § 1.903(a).

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^7]: 47 U.S.C. § 503(b)(2)(E).

[^8]: *Dominic DeNaples*, 19 FCC Rcd 12303 (EB 2004).

[^9]: 47 U.S.C. § 312(f)(1).

[^10]: *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^11]: 47 U.S.C. § 312(f)(2).

[^12]: *AT&T Wireless Services, Inc.* 17 FCC Rcd 21866, 21871-76 (2002).

[^13]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4),
    1.903(a).

[^14]: 47 U.S.C. § 504(a).