********************************************************    
                           NOTICE
  ********************************************************
  
  This document was converted from
  WordPerfect to ASCII Text format.
  
  Content from the original version of the document such as
  headers, footers, footnotes, endnotes, graphics, and page numbers
  will not show up in this text version.
  
  All text attributes such as bold, italic, underlining, etc. from the
  original document will not show up in this text version.
  
  Features of the original document layout such as
  columns, tables, line and letter spacing, pagination, and margins
  will not be preserved in the text version.
  
  If you need the complete document, download the
  WordPerfect version or Adobe Acrobat version, if available.
  
  *****************************************************************
                                     Before the
                         Federal Communications Commission
                             Washington, D.C. 20554
  
  In the Matter of                        )
                                )
  Florida Power and Light Company         )
                                )
  Notice of Apparent Liability for Forfeiture  )
                                )    File No. 920EF0026 
  Licensee of Private Land Mobile Radio        )
  Service                            )
  Station KNDT378, Fort Pierce, FL        )
  Station WBN240, Port Saint Lucie, FL         )
  Station WBN47, Miami, FL           )
  Station WDN404, Indiantown, FL          )
  Station WFM912, Indiantown, FL          )
  Station WNLC610, Sarasota, FL           )
  Station WPAR819, Edgewater, Palatka,         )
  Sanford, FL                        )
  Station WPAT225, Hollywood, Pompano     )
  Sunrise, Hialeah, FL                    )
  
                              
        NOTICE OF APPARENT LIABILITY FOR FORFEITURE
  
     Adopted:  May 6, 1999                Released: May 7, 1999    
  
  By the Chief, Enforcement and Consumer Information Division,
  Wireless Telecommunications Bureau:
  
                      I. Introduction
  
       1.    This is a Notice of Apparent Liability for Forfeiture, pursuant to Section 503(b) of
  the Communications Act of 1934, (the "Act") as amended, and Section 1.80 of the
  Commission's Rules, against Florida Power and Light Company ("FPL"), licensee of Private
  Land Mobile Radio Service stations: KNDT378 in Fort Pierce, Florida; WBN240 in Port Saint
  Lucie, Florida; WBN47 in Miami, Florida; WDN404 in Indiantown, Florida; WFM912 in
  Indiantown, Florida; WNLC610 in Sarasota, Florida; WPAR819 in Edgewater, Palatka, and
  Sanford, Florida; and WPAT225 in Hollywood, Pompano, Sunrise, and Hialeah, Florida.  For the
  reasons that follow, we find that FPL operated these stations with expired licenses, in apparent
  violation of Section 301 of the Act, and Section 90.113 of the Commission's Rules.  We
  conclude that FPL is apparently liable for a forfeiture in the amount of $16,000.
                       II. Background
                              
       2.     FPL's licenses for the above captioned Private Land Mobile Radio Service stations
  expired between February 25, 1997 and April 18, 1998.  Specifically, the license for Station
  KNDT378 in Fort Pierce, Florida, expired on October 2, 1997; WBN240 in Port Saint Lucie,
  Florida, expired on October 2, 1997; WBN47 in Miami, Florida, expired on October 2, 1997; 
  WDN404 in Indiantown, Florida, expired on April 18,1998; WFM912 in Indiantown, Florida,
  expired on February 25, 1997; WNLC610 in Sarasota, Florida, expired on March 7, 1998;
  WPAR819 in Edgewater, Palatka, and Sanford, Florida, expired on September 29, 1997; and
  WPAT225 in Hollywood, Pompano, Sunrise, and Hialeah, Florida expired on October 8, 1997. 
  FPL did not file timely applications to renew any of these licenses.
  
  3.    On July 17, 1998, FPL was granted verbal Special Temporary Authority to operate
  the above captioned Private Land Mobile Radio Service stations by Mary Shultz, Chief,
  Licensing & Technical Analysis Branch, Wireless Telecommunications Bureau.  Pursuant to
  Section 90.145 of the Commission's Rules, FPL then filed a written request for the Special
  Temporary Authority on July 23, 1998.  In its written request, FPL stated that the licenses for
  the above captioned Private Land Mobile stations "expired without renewal, some for a period of
  many months."  FPL further stated that "upon realizing" that the licenses had expired, it
  "immediately" requested a Special Temporary Authority to enable FPL to continue to operate the
  stations.
  
                      III. Discussion
  
       4.     Section 301 of the Act provides in pertinent part, "No person shall use or operate
  any apparatus for the transmission of energy or communications or signals by radio . . . except
  under and in accordance with this Act and with a license in that behalf granted under the
  provisions of this Act."  Similarly, Section 90.113 of the Commission's Rules provides in
  pertinent part, "Station Authorization Required. No radio transmitter shall be operated . . . except
  under and in accordance with a proper authorization granted by the Commission." Section
  503(b) of the Act and Section 1.80 of the Commission's Rules further provide that a forfeiture
  penalty may be assessed against a person who is found to have willfully or repeatedly failed to
  comply with the Commission's rules.  The Commission has held that an act or omission is
  "willful" if it is a conscious act or omission whether or not there is any intent to violate the rule. 
  
  
       5.     Based upon FPL's submissions, we find that FPL willfully and repeatedly violated
  Section 301 of the Act and Section 90.113 of the Commission's Rules.  Once FPL's licenses
  expired, it lacked the required authority to operate those stations.  FPL's apparent violations
  continued from the time the respective licenses expired until, at a minimum, the verbal Special
  Temporary Authority was granted. We note that FPL voluntarily brought this matter to the
  Bureau's attention. 
  
       6.  The guidelines contained in the Commission's Forfeiture Policy Statement, which
  became effective on October 14, 1997, specify a base forfeiture amount of $4,000 for using an
  unauthorized frequency. The guidelines, however, permit the Commission to issue a higher or
  lower forfeiture than provided in the guidelines. Section 503(b)(2)(D) of the Act requires the
  Commission to consider "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
  such other matters as justice may require." In this case, taking into consideration all of the
  factors required by Section 503(b)(2)(D) of the Act, including, but not limited to, the nature of
  the stations in question, the number of stations involved, the length of time during which the
  unlawful operation took place, FPL's voluntary disclosure of its violations to the Commission,
  and its prompt taking of remedial action once it realized the licenses had expired, we believe it is
  appropriate to reduce the amount of the proposed forfeiture from $4,000 per station to $2,000 for
  each of the eight stations, for a total forfeiture of $16,000.
    
             IV. Conclusion and Ordering Clause
                              
  7.     Based on the foregoing, we find that FPL continued to operate multiple Part 90
  stations after the expiration of its authorizations, in apparent violation of Section 301 of the Act
  and Section 90.113 of the Commission's Rules.  FPL operated some of the stations without a
  valid authorization for approximately one year.  We conclude that a forfeiture in the amount of
  $16,000 is appropriate.
  
       8.     ACCORDINGLY, pursuant to Section 503(b) of the Communications Act of 1934,
  as amended, and Section 1.80 of the Commission's Rules, Florida Power and Lighting
  Company is hereby NOTIFIED of this APPARENT LIABILITY FOR FORFEITURE in the
  amount of sixteen thousand dollars ($16,000) for willfully and repeatedly violating Section 301
  of the Communications Act of 1934, as amended, and Section 90.113 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 days of the release of this Notice, Florida Power and Light
  Company SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written
  statement seeking reduction or cancellation of the proposed forfeiture. 
  
       10.    IT IS FURTHER ORDERED that copies of this Notice shall be sent, by Certified
  Mail/Return Receipt Requested, to Florida Power and Light Company, P.O. Box 029100, Miami,
  FL  33102, and to counsel for Florida Power and Light Company, Ms. Carole C. Harris, Esq.,
  McDermott, Will & Emery, 600 13th Street, N.W., Washington, D.C.  20005-3096.
  
                 FEDERAL COMMUNICATIONS COMMISSION
  
  
  
                 Catherine W. Seidel
                 Chief, Enforcement and Consumer Information Division 
                 Wireless Telecommunications Bureau