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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-160
International Car Service, Inc. ) NAL/Acct. No.
Brooklyn, NY )
) FRN: 0007-4857-82
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 22,
By the District Director, New York Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that International Car Service Inc.
(``International'') has apparently violated Section 301 of the
Communications Act of 1934 (``Act''),1 as amended, by operating
unlicensed radio transmitters on a frequency of 33.20 MHz. We
conclude that International Car Service, Inc. is apparently
liable for forfeiture in the amount of ten thousand dollars
2. On July 1, 2002, Commission agents using a mobile
direction finding vehicle, monitored the frequency, 33.20 MHz in
Brooklyn, NY to assess compliance in the Private Land Mobile
Radio Services. The agents positively identified the source of
transmissions to International, located at 687 5th Avenue,
Brooklyn, NY. There was no evidence of a Commission
authorization to operate this station on 33.20 MHz in Brooklyn,
3. On July 3, 2002, Commission agents again monitored the
frequency 33.20 MHz. and positively identified the source of
transmissions to International. The agents then conducted a
station inspection, and International showed the agents a copy of
their station license, call sign WPLT995, to operate only on the
frequency of 33.16 MHz. The agents advised International that
their base station and mobile units were in violation by
operating on an unauthorized frequency of 33.20 MHz.
4. On July 9, 2002, Commission agents monitored the
frequency of 33.20 MHz and positively identified transmissions to
International. On July 9, 2002, the New York Office sent a
Notice of Violation, by First Class and Certified Mail Return
Receipt Requested to the licensee, Jose Portoviejo, for operating
on an unauthorized frequency of 33.20 MHz.
5. On July 19, 2002, the New York Office received a reply
to the Notice of Violation from Frank Felix stating that
International hired him to reprogram International's base station
and mobile radio units to the frequency of 33.16 MHz. Mr. Felix
further stated that International had changed ownership. A
Commission agent then checked New York City Taxi and Limousine
Commission's records confirming Jose Burbano as the new owner of
International, effective August 8, 2001. A Commission agent also
checked with the FCC Wireless Telecommunications Bureau, who
advised that there was no record of a new station license issued,
or transfers of control from Jose Portoviejo to Jose Burbano, for
operating on 33.20 MHz.
6. Section 301 of the Acts sets forth generally that no
person shall use or operate any apparatus for the transmission of
energy or communications or signals by radio within the United
States except under and in accordance with the Act and with a
license granted under the provisions of the Act.
7. Based on the evidence before us, we find that on July
1, July 3, and July 9, 2002, International Car Service, Inc.
willfully2 and repeatedly3 violated Section 301 of the Act by
operating radio transmission equipment without a license.
8. 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 operation without an
instrument of authorization at $10,000. In assessing the
monetary forfeiture amount, we must take into account the
statutory factors set forth in Section 503(b)(2)(D) of the 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 ten thousand dollar ($10,000) monetary forfeiture is
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules7, International Car Service, Inc. is hereby
NOTIFIED of their APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for willfully and
repeatedly violating Section 301 of the Act.
10. 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, International 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.
11. 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. 200332380003 and FRN: 0007-4857-82.
12. 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. 200332380003.
13. 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
14. 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
15. 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 Technical and Public Safety 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.
16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return
Receipt Requested to International Car Service Inc., 687
5th Avenue, Brooklyn, NY 11215.
Daniel W. Noel
New York Office
1 47 U.S.C. § 301.
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).
3Section 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.
47 C.F.R. § 1.80.
47 U.S.C. § 503(b)(2)(D).
647 U.S.C. § 503(b).
47 C.F.R. §§ 0.111, and 0.311.
See 47 C.F.R. § 1.1914.