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


In the Matter of                )
                                )       File No. EB-02-NY-191
                                )
ServisAir                       )       NAL/Acct. No. 
200332380005
Newark, NJ                      )
                                )       FRN: 0007-6931-53


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   November  13, 
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  ServisAir has apparently violated  Section 
301 of the Communications Act of 1934 (``Act''),1 as amended,  by 
operating a repeater  station on 461.050  MHz and portable  radio 
transmitting  equipment  on  466.050   MHz.   We  conclude   that 
ServisAir is apparently  liable for forfeiture  in the amount  of 
ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On August 12, 2002, the FCC New York Office, received a 
complaint  of   interference   affecting   the   frequency   pair 
461.050/466.050 MHz, from a FCC licensed user.

     3.   On August 23, 2002,  Commission agents, using a  mobile 
direction  finding   vehicle,   monitored  the   frequency   pair 
461.050/466.050  MHz.   The  agents  determined  that   ServisAir 
located  at  Cargo  Building   340,  North  Cargo  Area,   Newark 
International Airport, Newark, NJ 07114, was operating a repeater 
station on 461.050 MHz and portable transceivers on 466.050  MHz. 
There was no  evidence of a  Commission authorization to  operate 
this station  on frequency  pair  461.050/466.050 MHz  at  Newark 
International Airport, Newark, NJ.   

     4.   On August 26, 2002,  Commission agents, using a  mobile 
direction  finding   vehicle,   monitored  the   frequency   pair 
461.050/466.050 MHz.  The agents again determined that  ServisAir 
was operating  on the  frequency pair  461.050/466.050 MHz.   The 
agents conducted a  station inspection and  advised Jeff  Winans, 
general manager of ServisAir, that the base station was operating 
on an unauthorized frequency pair of 461.050/466.050 MHz.

     5.   On August 27, 2002, a  Commission agent again spoke  to 
Jeff  Winans,  general  manager,  and  also  Brian  O'Dell,  vice 
president of ServisAir, and informed them that ServisAir, located 
at Newark International Airport, was operating on an unauthorized 
frequency pair of 461.050/466.050 MHz.  The New York Office  also 
sent a Warning  Letter for unlicensed  operation, by First  Class 
and Certified Mail Return Receipt Requested, to ServisAir.   

     6.   On August 28, 2002,  Commission agents, using a  mobile 
direction  finding   vehicle,   monitored  the   frequency   pair 
461.050/466.050 MHz.  The agents again determined that  ServisAir 
was operating on the frequency pair 461.050/466.050 MHz.  

     7.   On September 19, 2002,  ServisAir submitted a reply  to 
the Warning Letter, admitting using the wrong frequencies.

                        III.  DISCUSSION

     8.   Section 301 of  the Act  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.  A review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission authorization  to operate  this station  on  frequency 
pair 461.050/466.050 MHz at Newark International Airport, Newark, 
NJ.     

     9.   Based  on  the  evidence  before  us,  we  find   that, 
ServisAir,  operated  a  repeater  station  on  461.050  MHz  and 
portable radio transmitting  equipment on 466.050  MHz on  August 
23, 2002, August 26, 2002, and  August 28, 2002, in willful2  and 
repeated3 violation of Section 301 of the Act.

     10.  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 
warranted.

                      IV.  ORDERING CLAUSES

     11.  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,  ServisAir  is  hereby  NOTIFIED  of  their 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willfully violating Section 301 of the Act.

     12.  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,  ServisAir SHALL PAY the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     13.  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. 200332380005 and FRN: 0007-6931-53. 

     14.  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. 200332380005. 

     15.  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.  

     16.  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

     17.  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.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to ServisAir, 18430 Air  Mail Road, Houston, TX  77032, 
and a copy to  ServisAir, Cargo Building  340, North Cargo  Area, 
Newark International Airport, Newark, NJ  07114.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office
_________________________

1 47 U.S.C.  301.

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.