> **Before the**

**FEDERAL COMMUNICATIONS COMMISSION**

**Washington, D.C. 20554**

In the Matter of )

)

Elmont Trans Med Corporation ) File No. EB-00-TS-221

1305 Hempstead Turnpike )

Elmont, New York 11003 )

)

Licensee of Station WIL722 )

**MEMORANDUM OPINION AND ORDER**

**Adopted: July 31, 2001 Released: August 2, 2001**

By the Chief, Enforcement Bureau:

1.  In this *Memorandum Opinion and Order* ("*Order*"), we grant in part
    a petition for reconsideration filed February 22, 2001 by Atlantic
    Telecommunications ("Atlantic"). Atlantic seeks reconsideration of
    the January 23, 2001, letter decision of the Deputy Chief, Technical
    and Public Safety Division, which denied Atlantic's request that a
    Notice of Violation and Order to Discontinue Unauthorized Operation
    be issued to Elmont Trans Med Corporation ("Elmont"), licensee of
    Station WIL722.

2.  In a complaint filed March 8, 2000, Atlantic alleged that Elmont did
    not timely construct its station and was operating at an
    unauthorized site in violation of Commission rules. The complaint
    alleged that Elmont's failure to timely construct was verified by
    monitoring of the shared frequency pair on which Station WIL722 is
    licensed to operate[^1] conducted by New York Radio Service, Inc.
    ("New York Radio") between January 13, 1996 and February 1, 1997,
    and by subsequent conversations with Elmont personnel. The complaint
    further alleged that in December 1998, New York Radio determined
    through subsequent monitoring that Elmont had placed Station WIL722
    into operation, and that in September 1999, New York Radio
    determined through direction finding techniques that Elmont was
    operating Station WIL722 at an unauthorized location in the vicinity
    of Queens Boulevard, Queens, New York. The January 23, 2001, letter
    decision noted that in March 2000, after Atlantic's complaint was
    filed, Elmont contacted the FCC's New York Field Office to advise
    the FCC that its radio equipment associated with Station WIL722 had
    been inadvertently placed in operation at Queens Boulevard, the
    location for Elmont's other station, WIL708. The New York Field
    Office instructed Elmont to move Station WIL722 to its authorized
    location in order to correct the problem. On August 10, 2000, the
    New York Field Office verified that Elmont was operating Station
    WIL722 at its authorized location in North Shore Towers, Queens, New
    York. Based on this information, the letter decision concluded that
    no enforcement action was warranted.

3.  In its petition for reconsideration, Atlantic argues that the letter
    decision incorrectly concluded that no enforcement action was
    warranted. Atlantic states that it provided extensive evidence that
    Station WIL722 was not operational for more than a year and that
    when it did operate it did so at an unauthorized location. Citing
    Section 90.157 of the Commission's Rules ("Rules"),[^2] Atlantic
    states that it appears that Station WIL722 permanently discontinued
    operations and that its associated license cancelled automatically.

4.  Section 1.903(a) of the Rules provides, in pertinent part, that
    stations in the Wireless Radio Services must be used and operated
    only in accordance with a valid authorization granted by the
    Commission.[^3] Elmont admitted that it placed Station WIL722 into
    operation at Queens Boulevard, rather than its authorized location
    in North Shore Towers. We admonish Elmont for its operation of
    Station WIL722 from an unauthorized location in violation of Section
    1.903(a).[^4]

5.  Whether Elmont's license cancelled automatically in 1996 or 1997 due
    to discontinuance of operation under Section 90.157 of the Rules is
    a separate licensing issue, which we are hereby referring to the
    Wireless Telecommunications Bureau. Because we are referring the
    license cancellation issue to the Wireless Telecommunications
    Bureau, we conclude that no enforcement action on this issue is
    warranted at this time.

6.  Accordingly, IT IS ORDERED, pursuant to Section 405 of the
    Communications Act of 1934, as amended, 47 U.S.C. § 405, and Section
    1.106 of the Rules, 47 C.F.R. § 1.106, that the petition for
    reconsideration filed February 22, 2001, by Atlantic
    Telecommunications IS GRANTED to the extent indicated herein and IS
    OTHERWISE DENIED.

7.  IT IS FURTHER ORDERED that Elmont Trans Med Corporation IS
    ADMONISHED for operating Station WIL722 from an unauthorized
    location in violation of Section 1.903(a) of the Rules.

8.  IT IS FURTHER ORDERED that a copy of this *Order* be sent Certified
    Mail Return Receipt Requested to counsel for Atlantic
    Telecommunications, Marilyn S. Mense, Esq., Lukas, Nace, Gutierrez &
    Sachs, 1111 19th Street, NW, 12th Floor, Washington, D.C. 20036, and
    to Elmont Trans Med Corporation, 1305 Hempstead Turnpike, Elmont,
    New York 11003.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: Station WIL722 is licensed to operate on frequency pair
    472/475.1625 MHz. Atlantic is also licensed to operate on frequency
    pair 472/475.1625 MHz under call sign WPNS833.

[^2]: Section 90.157 provides that a station that has not operated for
    more than one year is considered to have permanently discontinued
    operations and that a station license cancels automatically upon
    permanent discontinuance of operations. 47 C.F.R. § 90.157.

[^3]: 47 C.F.R. § 1.903(a).

[^4]: To the extent that Atlantic seeks imposition of a forfeiture for
    this violation, we note that the one-year statute of limitations in
    Section 503(b)(6)(B) of the Communications Act of 1934, as amended,
    47 U.S.C. § 503(b)(6)(B), precludes imposition of a forfeiture
    against Elmont at this time.