BloostonLaw Private Users Update Published by the Law Offices of Blooston, Mordkofsky, Dickens, Duffy & Prendergast, LLP [Selected portions reproduced here with the firm's permission.] www.bloostonlaw.com FCC Issues $10,000 Fine For Tower Lighting Violation The FCC has issued a monetary forfeiture in the amount of $10,000 to Forever of PA, Inc. for failing to comply with the antenna structure lighting, monitoring, and reporting requirements. On February 22, 2007, the Commission’s Buffalo Field Office issued a Notice of Apparent Liability for Forfeiture (NAL) to Forever for failure to properly maintain the top red beacon on antenna structure # 1027115, for failure to report to the Federal Aviation Administration (FAA) the outage of the top red beacon, and for failure to ensure that a proper antenna structure monitoring system was installed. The findings in the NAL were based, in part, on the chief operator’s statement to the agent during the inspection that he was aware that Forever’s monitoring system was not capable of detecting single light outages. Forever submitted a response to the NAL on March 13, 2007. Forever did not dispute that the top beacon light on its tower was out or that it failed to report the outage to the FAA, but requested cancellation or reduction of the forfeiture on several grounds. First, Forever pointed to the corrective actions it took within days after the FCC agent’s inspection. Second, Forever claimed that its actions cannot be deemed willful because, contrary to the findings in the NAL, Forever was not aware of the monitoring system’s deficiencies until advised of them by the FCC agent during the inspection and Forever acquired the antenna structure monitoring system from the prior tower owner. The FCC declined to cancel or reduce the proposed forfeiture based on the actions Forever took after the agent’s inspection. The Commission consistently has held that corrective action taken to come into compliance with the Rules is expected, and does not nullify or mitigate any prior forfeitures or violations. The FCC likewise declined to reduce or cancel the proposed forfeiture based on Forever’s claim that the violation was not “willful” because Forever was not aware of the monitoring system’s deficiencies until advised by the FCC agent at the time of inspection. In support of its claim, Forever submitted a declaration from its chief operator, who now alleges that he never told the agent that he knew the antenna structure’s monitoring system was unable to detect single light outages. According to the FCC agent’s contemporaneous handwritten notes, however, the chief operator stated, prior to the inspection of the monitoring system’s circuitry, that the system needed a modification in order to detect single light outages. The FCC said it finds no reason to rely here on the chief operator’s declaration rather than the contemporaneous handwritten notes of our agent, who had no motive to misrepresent what the chief operator stated during the inspection. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino. FCC Fines Taxi Service For Failing To File A Timely Renewal Application The FCC has issued a monetary forfeiture in the amount of $6,500 against Five Star Parking d/b/a Five Star Taxi Dispatch for operating a Private Land Mobile Radio Service (PLMRS) station without Commission authority and failing to file a timely renewal application for the station. On October 25, 2007, the Enforcement Bureau released a Notice of Apparent Liability for Forfeiture (NAL) finding that Five Star operated station WPNS752 without Commission authority after the expiration of its license and failed to timely file a renewal application for the station by the date of expiration. These findings were based on Five Star’s response to the Bureau’s Letter of Inquiry wherein Five Star admitted to operating station WPNS752 after the expiration of its license and acknowledged that its failure to understand the renewal process led to the renewal of another PLRMS station license held by Five Star instead of station WPNS752. In its November 7, 2007 response to the NAL, Five Star sought cancellation of the forfeiture, claiming that its operation of station WPNS752 without obtaining or renewing the license was unintentional as it mistakenly believed that its vendor had submitted a renewal application for this station. Five Star explained that its vendor had mixed up Five Star’s renewal application for its taxi dispatch service license (WPNS752) with the renewal application for another license held by Five Star. Due to its lack of knowledge about the renewal process, Five Star stated that it was under the impression that the renewal application submitted by the vendor was for its taxi dispatch service license. Five Star further asserted that it fully cooperated in the Commission’s investigation. Based on these facts, Five Star requested cancellation of the proposed forfeiture. The FCC, however, found no mitigating circumstances and upheld the amount of the forfeiture. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino. FCC Proposes $15,000 Fine For Mislabeling PDTs In a Notice of Apparent Liability for Forfeiture (NAL), the FCC has found DBK Concepts, Inc. apparently liable for a forfeiture in the amount of $15,000 for violations of the Commission’s Rules with respect to DBK’s marketing of noncompliant portable data terminals (PDTs). The Enforcement Bureau received a complaint alleging that DBK had modified PDTs manufactured by Symbol Technologies, Inc. by replacing their two megabytes per second (mbps) radio assemblies with 11 mbps radio assemblies without authorization from Symbol. The complaint also asserted that the PDTs’ original labels were affixed to the modified PDTs and that those labels included information relating to the radio assemblies originally installed in the PDTs rather than to the replacement radio assemblies. The PDTs involved in this matter are equipped with internal radio assemblies which transmit the data collected by the PDTs. Symbol holds the grants of equipment certification covering the radio assemblies originally installed in the PDTs involved in this matter. Symbol also holds grants of equipment certification for the replacement radio assemblies. The radio assemblies at issue are designated by Symbol as the LA3021-500, which has a data transmission rate of two mbps, and the LA4121, which has a data transmission rate of 11 mbps. DBK is a privately owned company located in Miami, Florida, and is in the business of repairing and refurbishing PDTs manufactured by Symbol. DBK contended that original equipment certifications granted to Symbol cover the PDTs that DBK has refurbished by replacing their radio assemblies but does not point to any specific information in the Commission’s equipment authorization data base to support this claim. DBK admitted that Symbol did not authorize it to modify Symbol PDTs. DBK also admitted that “all PDTs included in [the data submitted by DBK] were sold the same month as the repairs and refurbishments [including radio assembly replacements] were made.” DBK asserted that it did not affix labels “to any devices following repair or refurbishment” with the exception of labels that “only indicate the current model number and DBK serial number for tracking purposes of the refurbished model.” Photos provided by the complainant indicated that DBK pasted new labels showing the model and serial number on top of the original Symbol labels (obscuring the original model and serial numbers). DBK stated that these photos accurately represent the labels of devices refurbished by DBK. The FCC found that DBK did not obtain proper certifications and improperly labeled the devices it sold. Therefore, the FCC found that DBK was noncompliant and proposed the $15,000 fine in the NAL. BloostonLaw contacts: Hal Mordkofsky, John Prendergast, and Richard Rubino. FCC Admonishes Hospital For Failing To Timely File In a Memorandum Opinion and Order, the FCC admonished Presbyterian Hospital of New York City for operating its Private Land Mobile Radio Service (PLMRS) station without Commission authority and for failing to file a timely renewal application for the station. On April 18, 1997, Presbyterian Hospital was granted a license renewal for PLMRS station KNS481 with an expiration date of May 21, 2002. Presbyterian Hospital did not file a renewal application, and consequently its license to operate station KNS481 expired on May 21, 2002. On February 13, 2007, Presbyterian Hospital filed an application with the Wireless Telecommunications Bureau (WTB) for special temporary authority (STA) to operate on the KNS481 frequencies. On February 22, 2007, Presbyterian Hospital filed a modification to its STA request, and on February 27, 2007, filed an application for a new license. WTB granted Presbyterian Hospital’s modified STA request under call sign WQGK659 on February 26, 2007, and subsequently issued Presbyterian Hospital a new license, WQGQ798, on March 27, 2007. Because it appeared that Presbyterian Hospital may have operated KNS481 after the expiration of its license, WTB referred this case to the Enforcement Bureau for investigation and possible enforcement action. On July 30, 2007, the Enforcement Bureau’s Spectrum Enforcement Division issued a letter of inquiry (LOI) to Presbyterian Hospital. On September 25, 2007, the Enforcement Bureau received Presbyterian Hospital’s LOI Response. In its Response, Presbyterian Hospital admitted that it failed to file a timely renewal application for station KNS481 and that it operated that station without authority after the license had expired. Presbyterian Hospital stated that it became aware that its license had expired in May 2003, but because of the hazardous location of its facilities and the high number of dangerous incidents within its facilities, it could not discontinue its operations on the KNS481 frequencies. Presbyterian Hospital stated that upon learning that its license had expired, it immediately contacted an FCC application facilitator to prepare a new application and STA request for the same frequencies it used under its license for station KNS481. According to Presbyterian Hospital, the applications were subsequently forwarded to the frequency coordinator, Personal Communications Industry Association (PCIA); however, PCIA advised Presbyterian Hospital in July 2003 that it would be impossible to obtain a new license with those frequencies, as those frequencies were now licensed to Atlantic Telecommunications (AT). Presbyterian Hospital stated that in August 2003, it made arrangements with AT to use the same frequencies previously authorized under its license for station KNS481. Presbyterian Hospital stated that it operated on AT’s licensed frequencies under an informal agreement with AT from August 2003 until February 8, 2007, when it received a call from AT informing Presbyterian Hospital that its operations were causing interference to a new customer using one of AT’s licensed frequencies. Presbyterian Hospital further stated that after a number of follow-up telephone calls with AT, it learned that AT wanted Presbyterian Hospital off AT’s frequencies by the end of February 2007. Presbyterian Hospital stated that it immediately took steps to research and coordinate available frequencies, order and install new equipment, and before the end of February 2007, began operating under a Commission license on authorized frequencies. As a Commission licensee, Presbyterian Hospital was required to maintain its authorization in order to operate its PLMRS station. Presbyterian Hospital admitted that it failed to file a timely renewal application for station KNS481 and that it operated that station without Commission authority after the license expired on May 21, 2002. Presbyterian Hospital’s unauthorized use of the KNS481 frequencies continued until August 5, 2003, when it obtained AT’s consent to operate on AT’s licensed frequencies. “Although we believe that a monetary forfeiture would be warranted for Presbyterian Hospital’s failure to file a timely renewal application and for unauthorized operations from May 22, 2002 until August 5, 2003,” the FCC said, “we note that the statute of limitations for proposing such a forfeiture is one year from the date of violation. Accordingly, based upon the FCC’s review of the facts and circumstances in this case, and because the FCC is barred by the one-year statute of limitations from proposing a forfeiture for these violations, it admonish Presbyterian Hospital for violating Section 1.949(a) of the Rules by failing to timely renew its license for KNS481 and for violating Section 301 of the Act and Section 1.903(a) of the Rules by operating that station without authorization after the expiration of its license. The FCC cautioned Presbyterian that any violations of future license provisions may result in additional sanctions.” This newsletter is not intended to provide legal advice. Those interested in more information should contact the firm. | 
for a summary of their qualifications and experience. They collaborate on consulting assignments, and share the work according to their individual expertise and their schedules. 
I am pleased to announce that yesterday Bell entered into an agreement to sell our SkyTel division to Velocita Wireless for a total consideration of $8.0 million, comprised of $3.0 million in cash at closing and deferred payments totaling $5.0 million to be paid over a period of two years. The sale involves SkyTel’s entire paging and telemetry business, and this follows the sale of SkyTel’s automated vehicle location business that was completed last month. The proceeds from the sale will be used to pay down any outstanding balances on Bell’s revolving credit facility and provide working capital for the company’s continuing operations.
Stopwatch 
II 1 G EEx ia IIA T4
ICOM 
ATM300 
CLICK HERE 
If you see someone in the field (like salespeople, technicians, and delivery people) using paper forms, their company could probably save a pile of money, and get much better timeliness, accuracy and efficiency, by using converting to Outr.Net's Wireless Forms. Custom applications for as little as $995, delivered in just a few days.Outr.Net has a web page on Wireless Forms for Timeports at: 
