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


In the Matter of                )
                                )       File No. EB-02-NY-129
Acapulco Car Service, Inc.      )
WPRJ622                         )       NAL/Acct. No. 
200332380002
Brooklyn, NY                    )
                                )       FRN: 0004-5052-44


           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  Acapulco Car Service, Inc.  (``Acapulco'') 
has apparently  violated  Section 1.903(a)  of  the  Commission's 
Rules (the ``Rules'')1, by operating radio transmitting equipment 
on an  unauthorized frequency  of 36.50  MHz.  We  conclude  that 
Acapulco is apparently  liable for  forfeiture in  the amount  of 
four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On July  9, 2002,  Commission  agents, using  a  mobile 
direction finding vehicle,  monitored the  frequencies 35.80  MHz 
and 36.50  MHz  in Brooklyn,  NY,  to assess  compliance  in  the 
Private Land Mobile Radio  Services.  The agents determined  that 
Acapulco operated  mobile  units on  a  frequency of  36.50  MHz.  
There was no evidence of a Commission authorization for operation 
on the frequency 36.50 MHz in Brooklyn, NY.

     3.   On July  10, 2002,  Commission agents,  using a  mobile 
direction finding vehicle,  monitored the  frequencies 35.80  MHz 
and 36.50 MHz in Brooklyn,  NY. The agents again determined  that 
Acapulco operated mobile units on a frequency of 36.50 MHz.   The 
agents  conducted  a  station  inspection  and  determined   that 
Acapulco's  base  transmitter,  located   at  4911  8th   Avenue, 
Brooklyn,  New  York  11220,   was  operating  on  the   licensed 
frequency, 35.80  MHz.  At  the time  of inspection,  the  agents 
advised Everado Torres, owner of Acapulco, that Acapulco's mobile 
units were operating on an unauthorized frequency of 36.50 MHz.

     4.   On July 12, 2002, the New York Office sent a Notice  of 
Violation to Acapulco for operation on an unauthorized  frequency 
of 36.50 MHz.  On August 9,  2002, Acapulco submitted a reply  to 
the Notice of Violation, admitting using the frequency 36.50 MHz. 

                        III.  DISCUSSION

     5.   Section 1.903(a) of the Rules requires that stations in 
the Wireless Radio  Services must  be used and  operated only  in 
accordance with the rules applicable to their particular service, 
and with  a valid  authorization granted  by the  Commission.   A 
review of Commission's records  showed that Acapulco was  granted 
authority under its license, WPRJ622, to operate one base station 
and 45 mobile units on a frequency of 35.80 MHz. 

     6.   Based on the evidence before us, we find that, Acapulco 
Car Service, Inc. operated mobile units on July 9, 2002, and July 
10, 2002, on an unauthorized frequency of 36.50 MHz, in  willful2 
and repeated3 violation of Section 1.903(a) 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,5 (``Act'')  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, Acapulco Car Service, Inc.,  is hereby NOTIFIED of  their 
APPARENT LIABILITY  FOR  A  FORFEITURE  in  the  amount  of  four 
thousand  dollars  ($4,000)   for  willfully  violating   Section 
1.903(a) of the Rules. 

     9.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT LIABILITY, Acapulco Car Service, 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. 200332380002 and FRN: 0004-5052-44. 

     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. 200332380002. 

     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  Acapulco  Car  Service,  Inc.,  4911  8th  Avenue, 
Brooklyn, NY 11220.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office
_________________________

1 47 C.F.R.  1.903(a).

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).

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.