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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )       File No. EB-02-NY-128
                                )
All American Citywide Rainbow Transit, Inc.  )    NAL/Acct. No. 
200332380001
WNLH895                         )
Long Island City, NY            )       FRN: 0007-5630-75


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    October   8, 
2002

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that All American Citywide Rainbow Transit, Inc. 
(``Citywide   Transit'')   has   apparently   violated    Section 
90.403(a)(2) of  the  Commission's  Rules  (the  ``Rules'')1,  by 
operating  radio  transmitting   equipment  on  an   unauthorized 
frequency of 155.265 MHz.  We  conclude that Citywide Transit  is 
apparently liable for forfeiture in  the amount of four  thousand 
dollars ($4,000).

                         II.  BACKGROUND

     2.   On June 28, 2002,  the FCC New  York Office received  a 
complaint of interference  affecting the  frequency 155.265  MHz, 
from an FCC licensed user.

     3.   On July  8, 2002,  Commission agents,  using  direction 
finding techniques,  positively  identified  the  source  of  the 
interference on 155.265  MHz to  Citywide Transit's  transmitters 
located at 4-05 26th Avenue, Long Island City, NY 11102 and 11-08 
30th Avenue, Long Island City,  NY 11102.  There was no  evidence 
of a Commission authorization to operate this station on  155.265 
MHz in Long Island City, NY.
 
     4.   On July  16,  2002, Commission  agents  observed  radio 
operation on 155.265 MHz, and positively identified the source of 
the transmission to  Citywide Transit at  4-05 26th Avenue,  Long 
Island City, NY 11102.  The agents conducted a station inspection 
and determined that Citywide Transit was licensed under call sign 
WNLH895 to  operate only  on  a frequency  of 155.235  MHz.   The 
agents notified Citywide Transit of the violation.    


                        III.  DISCUSSION

     5.   Section 90.403(a)(2) of the Commission's Rules requires 
that licensees in the private land mobile radio services shall be 
directly responsible for  the proper  operation and  use of  each 
transmitter for  which they  are licensed.   In this  connection, 
licensees shall exercise such direction and control as to  assure 
that the transmitter is being  operated in a permissible  manner.  
A review of Commission's records showed that Citywide Transit was 
granted authority under its license WNLH895 to operate only on  a 
frequency of 155.235 MHz at 11-08 30th Avenue, Long Island  City, 
NY 11102.  
 
     6.   Based on  the  evidence before  us,  we find  that  All 
American  Citywide   Rainbow   Transit,   Inc.   operated   radio 
transmitting equipment on  an unauthorized  frequency of  155.265 
MHz on July 8, 2002 and July 16, 2002, in willful2 and  repeated3 
violation of Section 90.403(a)(2) of the Rules.
            
     7.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')4, 
sets  the  base  forfeiture  amount  for  using  an  unauthorized 
frequency  at  $4,000.   In  assessing  the  monetary  forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D)  of the  Communications Act  of 1934,  as 
amended, (``Act'')5  which  include  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  other such matters as justice  may 
require.   Applying  the  Forfeiture  Policy  Statement  and  the 
statutory factors to the instant case and applying the  inflation 
adjustments, we  believe that  a  four thousand  dollar  ($4,000) 
monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules7, All  American Citywide  Rainbow Transit,  Inc. is  hereby 
NOTIFIED of its APPARENT LIABILITY FOR A FORFEITURE in the amount 
of four thousand dollars ($4,000) for willfully violating Section 
90.403(a)(2) of the Commission's Rules. 

     9.    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,  All  American  Citywide 
Rainbow Transit, Inc. SHALL PAY  the full amount of the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     10.   Payment of  the forfeiture  may be made  by mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332380001 and FRN: 0007-5630-75. 

     11.   Any response  to this  NAL must be  mailed to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332380001. 

     12.   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.  

     13.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.8  

     14.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing  to be  sent to  the [relevant  Division].   Your 
certification should indicate whether you, including your  parent 
entity and  its subsidiaries,  meet one  of the  definitions  set 
forth in the list provided by the FCC's Office of  Communications 
Business Opportunities (OCBO) set forth  in Attachment A of  this 
Notice of Apparent Liability.  This information will be used  for 
tracking purposes only.  Your response  or failure to respond  to 
this  question  will   have  no   effect  on   your  rights   and 
responsibilities pursuant to Section 503(b) of the Communications 
Act.  If  you have  questions regarding  any of  the  information 
contained in Attachment A, please contact OCBO at (202) 418-0990.







     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to All American  Citywide Rainbow Transit, Inc.,  11-08 
30th Avenue, Long Island City, NY 11102.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office

_________________________

1 47 C.F.R.  90.403(a)(2).
2 Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which 
applies to 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 ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

647 U.S.C.  503(b). 

7 47 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.