******************************************************** 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 ) ) United Independent Taxi Drivers, Inc. ) NAL/ Acct. No. 815LA0001 Los Angeles, California ) ) FORFEITURE ORDER Adopted: September 30, 1998 Released: October 1, 1998 By the Director, Legal Services Group, Compliance and Information Bureau: 1. Before the Compliance and Information Bureau ("Bureau") is a Notice of Apparent Liability ("NAL") released on February 9, 1998, and the response filed thereto by United Independent Taxi Drivers, Inc. ("UITDI") on March 10, 1998. The NAL proposes imposition of a forfeiture in the amount of $1,000 pursuant to Section 503(b) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  503(b), against UITDI for willful and repeated violations of Section 90.425(a) of the Commission's Rules, 47 C.F.R.  90.425(a). For the reasons noted below, we affirm the $1,000 forfeiture amount. BACKGROUND 2. On April 25, August 14, September 23, and December 16, 1997, the Bureau's Los Angeles, California Field Office monitored continuous data transmissions from a radio station operating on the frequency 452.450 MHz in the Taxicab Radio Service, located in Mount Wilson, California, operated by UITDI under radio call sign KIL251. On each of the four occasions mentioned, no station identification was heard for a period of at least 30 minutes during the station's continuous transmissions. Recordings were made by the Los Angeles Field Office of each monitored transmission of the radio station for the dates in question. Section 90.425 of the Rules requires that "each station or system shall be identified by the transmission of the assigned call sign during each transmission or exchange of transmissions, or once every 15 minutes during periods of continuing operation." 3. As noted in the NAL, a Notice of Violation ("NOV") and three Official Continuations of Notices of Violation ("NOVs") were issued to UITDI for violation of Section 90.425(a) of the Rules. The initial NOV, dated April 29, 1997, ordered a written response pursuant to Section 1.89(b) of the Commission's Rules, 47 C.F.R.  1.89(b). UITDI did not respond to the initial NOV, or to the subsequent NOVs dated June 16, August 18, and September 23, 1997. Both the NOV and the NOVs were sent to UITDI by both regular and certified registered mail, and a return receipt was received for each Notice of Violation. DISCUSSION 4. UITDI's written response to the NAL requested that the forfeiture be reduced or withdrawn, claiming that UITDI's radio transmissions fall within the exceptions of 47 C.F.R.  90.425(d)(3), and that even if any violation of the Rules had occurred at all, it was "of trivial gravity." 5. Section 90.425(d)(3) of the Commission's Rules exempts a station from the general requirement to transmit identification if the station "is transmitting for telemetering purposes or for the activation of devices which are employed solely as a means of attracting attention, or for remote control purposes ..." 47 C.F.R.  90.425(d)(3). UITDI argues that the transmissions of station KIL251 are used to remotely control the display of computing devices in the taxicabs, and that some of the transmissions are employed solely to attract the taxi operator's attention to the computing device. However, UITDI's radio transmissions consist of continuous data transmissions using non-voice emissions, and Section 95.212(f) of the Commission's Rules prohibits the use of remote control stations for the transmission of data. 47 C.F.R.  95.212(f). In addition, even if "some" of UITDI's transmissions were made to attract the driver's attention, the Rule requires that the transmissions be used to activate devices employed solely to attract attention. Therefore, UITDI is required under Section 90.425(a) to identify its station in international morse code every fifteen (15) minutes. 6. UITDI claims that its transmissions were not harmful to the public interest in any way, because the Commission was able to determine the source of the transmissions despite UITDI's failure to transmit station identification, and because the Commission did not assert that any person suffered harmful interference as a result of the failure to identify the station. We note, however, that the Commission's Rules are intended to prevent harm from occurring, not simply to remedy harm after it occurs. Failure to comply with the Rules is grounds for forfeiture in and of itself, regardless of the effect that failure may or may not have had on others. 7. Subsequent to the issuance of the NAL, UITDI had an automatic station identification device installed for station KIL251. However, remedial action to correct a violation is expected, and does not nullify a forfeiture penalty. See Station KGVL, Inc., 42 FCC 2d 258, 259 (1973); Executive Broadcasting Corp., 3 FCC 2d 699, 700 (1966). The Bureau also cannot ignore UITDI's failure, on four separate occasions, to respond as required to the Notices of Violation issued against it. Accordingly, based on all of the facts of this case, we believe that a forfeiture in the amount of $1000 is warranted. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to 47 U.S.C.  503(b), and Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, United Independent Taxi Drivers, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand dollars ($1000) for violation of Section 90.425(a) of the Commission's Rules, 47 C.F.R.  90.425(a). 9. IT IS FURTHER ORDERED, pursuant to Section 1.80(f) of the Commission's Rules, 47 C.F.R.  1.80(f), that United Independent Taxi Drivers, Inc. shall, within thirty (30) days of the release of this Forfeiture Order, pay the full amount of the forfeiture. Forfeitures shall be paid by check, credit card or money order payable to the Federal Communications Commission. The remittance should be marked "NAL/Acct. No.815LA0001" and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 Petitions for Reconsideration pursuant to Section 1.106 of the Rules, 47 C.F.R.  1.106, or Applications for Review pursuant to Section 1.115, 47 C.F.R. 1.115, should be sent to: Chief, Compliance Division, CIB Federal Communications Commission 1919 M Street, N.W. Washington, D.C. 20554 ATTN: Mail Stop 1500E3ADJ 10. IT IS FURTHER ORDERED that a copy of this Order shall be sent certified mail, return-receipt requested, to United Independent Taxi Drivers, Inc. and its attorneys. FEDERAL COMMUNICATIONS COMMISSION Ricardo M. Durham Director, Legal Services Group Compliance Division Compliance and Information Bureau