Before the

# Federal Communications Commission {#federal-communications-commission .unnumbered}

# Washington, D.C. 20554 {#washington-d.c.-20554 .unnumbered}

+----------------------------------+----+------------------------------+
| In re                            | *  | File No. EB-02-IH-0894       |
|                                  | *) |                              |
| **UHF-DE, LLC**                  | ** | NAL/Acct. No. 200332080008   |
|                                  |    |                              |
| Applicant for Wireless           | *  | FRN 0005000732               |
| Telecommunications Bureau Radio  | *) |                              |
| Service Authorization            | ** |                              |
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+----------------------------------+----+------------------------------+

**[NOTICE OF APPARENT LIABILITY FOR FORFEITURE]{.underline}**

**Adopted**: December 26, 2002 **Released**: December 27, 2002

By the Chief, Investigations and Hearings Division, Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    that UHF-DE, LLC ("UHF") failed to timely file its "long-form"
    application (FCC Form 601) and accompanying ownership report (FCC
    Form 602) following completion of the Commission's Lower and Upper
    Paging Bands Auction ("Auction No. 40"), in apparent willful and
    repeated violation of Sections 1.2107(c) and 1.2107(f) of the
    Commission's rules.[^1] We conclude that UHF is apparently liable
    for a forfeiture in the amount of \$3,000.

    **II. BACKGROUND**

2.  On December 5, 2001, Commission staff completed the auction of
    15,514 licenses in Auction No. 40. UHF was among the participants in
    that auction. On December 11, 2001, the Wireless Telecommunications
    Bureau issued a Public Notice that provided detailed information
    concerning specific post-auction obligations of winning bidders.[^2]
    The Public Notice established December 27, 2001, as the deadline for
    winning applicants to submit their ownership and long-form
    applications. The Public Notice also announced that UHF was a
    winning bidder in Auction No. 40.[^3]

3.  After the Commission's receipt and initial review of the Auction No.
    40 long-form applications, Commission staff noticed that UHF had
    failed to file its required long-form application. Commission staff
    subsequently contacted UHF's representative. Thereafter, on January
    10, 2002, UHF submitted a Waiver Request and electronically filed
    its long-form application. At that time, UHF also manually filed its
    ownership report. In its Waiver Request, UHF explained that it
    missed the long-form filing deadline due to inadvertence and
    "administrative oversight."[^4] UHF states that because it had
    satisfied its down payment obligations and had already filed the
    short-form application, it did not realize that it was required to
    file the long-form application.[^5]

    **III. DISCUSSION**

4.  Section 1.2107(c) of the Commission's rules provides that:

> A high bidder that meets its down payment obligations in a timely
> manner must, within ten (10) business days after being notified that
> it is a high bidder, submit an additional application (the "long-form
> application") pursuant to the rules governing the service in which the
> applicant is the high bidder.[^6]

This section further provides that long-form applications must be filed
electronically.[^7] Additionally, Section 1.2107(f) requires applicants
to file an ownership report with its long-form application.[^8] For
Auction No. 40, the ownership form had to be filed manually.[^9]

5.  The purpose of the long-form application is to provide vital
    information concerning winning bidders and their qualifications to
    be Commission licensees. Public notice of acceptance of a winning
    bidder's long-form application triggers the establishment of the
    pleading cycle for petitions to deny.[^10] The timely filing of a
    long-form application is thus essential to the efficiency of the
    competitive bidding licensing process.

6.  On April 9, 2001, Commission staff first released a Public Notice
    announcing the upcoming Lower and Upper Paging Bands Auction.[^11]
    Therein, auction participants were informed of their post-auction
    filing obligations in the event they were winning bidders. Thus, UHF
    was on notice even before the auction commenced that, if it were a
    winning bidder, it would have to electronically submit a properly
    completed long-form application within ten business days after
    release of the auction closing notice. In addition, on December 11,
    2001, Commission staff issued a post-auction Public Notice
    establishing December 27, 2001, as the filing deadline and
    describing in detail the long-form application and ownership report
    filing requirements. Nevertheless, UHF failed to file its long-form
    application and ownership report on time. In light of these facts,
    we conclude that UHF failed to file its ownership report and
    long-form application by the established and well publicized
    deadline, in willful and repeated violation of Sections 1.2107(c)
    and 1.2107 (f) of the Commission's rules.[^12]

7.  Section 503(b)(1)(B) of the Communications Act of 1934, as amended,
    provides that any person who willfully or repeatedly fails to comply
    with the Act or the Commission's rules shall be liable for a
    forfeiture penalty.[^13] The guidelines contained in the
    Commission's *Forfeiture Policy Statement* specify a base forfeiture
    amount of \$3,000 for failure to file required information.[^14] The
    guidelines also permit the Commission to issue a higher or lower
    forfeiture amount based on such factors as the nature,
    circumstances, extent and gravity of the violation, and, with
    respect to the violator, the degree of culpability, history of any
    prior offenses, ability to pay, and such other matters as justice
    may require. UHF does not dispute that it failed to timely file the
    necessary forms. We believe a forfeiture is appropriate in this
    case, and see no basis for departing from the base forfeiture
    amount. Thus, we propose a forfeiture in the amount of \$3,000. This
    amount is consistent with other cases involving similar
    transgressions.[^15]

# IV. ORDERING CLAUSES {#iv.-ordering-clauses .unnumbered}

8.  ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of
    1934, as amended, and Section 1.80 of the Commission's rules, UHF -
    DE, LLC, is hereby NOTIFIED of its APPARENT LIABILITY FOR A
    FORFEITURE in the amount of \$3,000 for willfully and repeatedly
    violating Sections 1.2107(c) and 1.2107(f) of the Commission's
    rules.

9.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
    rules, 47 C.F.R. § 1.80, that within thirty (30) days of the release
    of this Notice, UHF SHALL PAY the full amount of the proposed
    forfeiture, or SHALL FILE a written response seeking reduction or
    cancellation of the proposed forfeiture.

10. 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 MUST INCLUDE the FCC Registration Number
    (FRN) referenced above and the NAL/Acct. No. referenced above.

11. The response, if any, must be mailed to Melanie A. Godschall,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, 445 12^th^ Street, S.W, Room 3-B443,
    Washington DC 20554 and MUST INCLUDE the NAL/Acct. No. referenced
    above.

12. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the respondent
    submits: (1) federal tax returns for the most recent three-year
    period; (2) financial statements prepared according to generally
    accepted accounting practices ("GAAP"); or (3) some other reliable
    and objective documentation that accurately reflects the
    respondent'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.

13. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivables Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^16]

14. 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, Investigations and
    Hearings 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 Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

15. IT IS FURTHER ORDERED that copies of this Notice shall be sent, by
    Certified Mail \-- Return Receipt Requested, to UHF-DE, LLC, 2715
    McGregor Blvd., Fort Myers, FL 33901; and to counsel for UHF, Pamela
    Gaary, Esq., Lukas Nace Gutierrez & Sachs, 1111 19th Street, NW,
    Ste. 1200, Washington, DC 20036.

> FEDERAL COMMUNICATIONS COMMISSION
>
> Charles W. Kelley
>
> Chief, Investigations and Hearings Division
>
> Enforcement Bureau

October 2002

**ATTACHMENT A**

+--------------------------------+-------------------------------------+
| **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 CFR 121.104 and 13 CFR      |                                     |
| 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. §§ 1.2107(c), 1.2107(f).

[^2]: "Lower and Upper Paging Bands Auction Closes: Winning Bidders
    Announced," *Public Notice*, 16 FCC Rcd 21821 (2001).

[^3]: *Id.* at Attachment A.

[^4]: *See* UHF's Waiver Request, FCC File No. 0000729856 (dated Jan.
    10, 2001) ("Waiver Request"). The Wireless Telecommunications Bureau
    subsequently granted the Waiver Request. *See* In the Matters of
    City Page & Cellular Services, Inc. d/b/a City Beepers, et al.,
    *Order*, DA 02-3558 (Policy and Rules Branch, CWD, rel. Dec. 23,
    2002).

[^5]: Waiver Request at 4.

[^6]: 47 C.F.R. § 1.2107(c).

[^7]: *Id.*

[^8]: 47 C.F.R. § 1.2107(f).

[^9]: Prior to September 10, 2002, the ownership form had to be filed
    manually. As of December 10, 2002, the ownership form must be filed
    electronically. *See* "Wireless Telecommunications Bureau Announces
    Availability of Electronic Filing of FCC Form 602," *Public Notice*,
    17 FCC Rcd 16779 (2002).

[^10]: *See* 47 C.F.R. § 1.2108(b).

[^11]: *See* "Lower and Upper Paging Bands Auction Scheduled for June
    26, 2001; Notice and Filing Requirements, Minimum Opening Bids,
    Upfront Payments and Other Procedural Issues," *Public Notice*, 16
    FCC Rcd 7657 (2001).

[^12]: The Commission has held that an act or omission is "willful" if
    it is a conscious and deliberate act or omission, whether or not
    there is any intent to violate the rule. *Southern California
    Broadcasting Company*, 6 FCC Rcd 4387 (1991). Furthermore, a
    continuing violation is "repeated" if it lasts more than one day.
    *Id.* at 4388.

[^13]: 47 U.S.C. § 503(b)(1)(B).

[^14]: *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Commission's Rules to Incorporate the Forfeiture
    Guidelines*, 12 FCC Rcd 17087, 17114 (1997) ("*Forfeiture Policy
    Statement*"); *recon denied*, 15 FCC Rcd 303 (1999).

[^15]: *See e.g.*, *PCS Partners, L.P*., 16 FCC Rcd 5547 (EB
    2001)(forfeiture paid)(proposing a \$3,000 forfeiture against
    winning bidder that filed its long-form application four days late
    and its ownership report two days late because of administrative
    oversight); *PinPoint Communications, Inc*., 14 FCC Rcd 6427 (PSPWD,
    WTB 1999) (proposing a \$3,000 forfeiture against winning bidder
    that filed its long-form application six days late because of
    administrative oversight).

[^16]: *See* 47 C.F.R. § 1.1914.