**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: June 11, 2007

By the Resident Agent, Portland Resident Agent Office, Western Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Metro West Ambulance (\"Metro West\"), licensee of station
    WQBI492, in Hillsboro, Oregon, apparently willfully and repeatedly
    violated Section 1.903(a) of the Commission\'s Rules (\"Rules\")[^1]
    by operating on 463.2875 MHz, a frequency not authorized by its
    license, WQBI492. We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended (\"Act\"),[^2] that Metro
    West is apparently liable for a forfeiture in the amount of four
    thousand dollars (\$4,000).

# 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. 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.

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. 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.

# DISCUSSION

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

9.  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, does not
    include an authorization to operate on 463.2875 MHz in the Portland,
    Oregon area. On March 30, 2007, after confirming that Metro West was
    using frequency 463.2875 MHz, the Portland Agent issued a verbal
    warning to the Metro West representatives. Despite the verbal
    warning received on March 30, 2007, Metro West continued to operate
    frequency 463.2875 MHz without a license until April 18, 2007.
    Therefore, we find that Metro West's violation was willful. Metro
    West's operation on 463.2875 MHz occurred for more than one day,
    therefore, the violation was repeated.

10. Based on the evidence before us, we find Metro West apparently
    willfully and repeatedly violated Section 1.903(a) of the Rules by
    operating its land mobile station, WQBI492, on frequency 463.2875
    MHz, a frequency not authorized by its license.

11. Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* (\"*Forfeiture Policy Statement*\"), and Section 1.80
    of the Rules, the base forfeiture amount for using an unauthorized
    frequency is \$4,000.[^5] 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 violations, and with
    respect to the violator, the degree of culpability, and history of
    prior offenses, ability to pay, and other such matters as justice
    may require.[^6] Applying the *Forfeiture Policy Statement*, Section
    1.80, and the statutory factors to the instant case, we conclude
    that Metro West is apparently liable for a four thousand (\$4,000)
    forfeiture.

# ORDERING CLAUSES

12. Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Metro West
    Ambulance is hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of four thousand dollars (\$4,000) for
    violations of Section 1.903(a) of the Rules.[^7]

13. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Metro West Ambulance
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

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/Acct. No. and FRN No.
    referenced above.  Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

15. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Western Region, Portland Resident
    Agent Office, P.O. Box 61469, Vancouver, Washington, 98666 and must
    include the NAL/Acct. No. referenced in the caption.

16. 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 (\"GAAP\"); 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.

17. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director -- Financial Operations, Room 1A625,
    445 12th Street, S.W., Washington, D.C. 20554.[^8]

18. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Metro West Ambulance at its
    address of record.

FEDERAL COMMUNICATIONS COMMISSION

Binh Nguyen

Resident Agent,

Portland Resident Agent Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a)

[^2]: 47 U.S.C. § 503(b).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that \"\[t\]he term \'willful\', when
    used with reference to the commission or omission of any act, means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^4]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that \"\[t\]he term
    \'repeated\', when used with reference to the commission or omission
    of any act, means the commission or omission of such act more than
    once or, if such commission or omission is continuous, for more than
    one day."

[^5]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^6]: 47 U.S.C. § 503(b)(2)(E).

[^7]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    1.903(a)

[^8]: *See* 47 C.F.R. § 1.1914.