Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
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
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-02-PA-
Horizon Communications ) NAL/Acct. No.
WPMM811 and WPMT622 )
Cliffside Park, New Jersey ) FRN: 0003-4622-31
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 05,
By the District Director, Philadelphia Office, Enforcement
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Horizon Communications (``Horizon'') has
apparently violated Section 1.903(a) and Section 90.425(a) of the
Commission's Rules (the ``Rules'').1 These violations occurred
because Horizon operated stations WPMT622 and WPMM811 at an
unauthorized location and failed to transmit the call sign
identification on stations WPMT622 and WPMM811. We conclude that
Horizon is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
2. By letter dated July 17, 2002, Westchester County, the
licensee of station WQR620, filed a complaint with the
Enforcement Bureau alleging that it was experiencing harmful
interference on the frequencies 452.700 MHz and 452.725 MHz.
Westchester County stated that interference, which had been
occurring for more than a year, was from two taxi companies in
the New York City area. Westchester County alleged that the
interference was so severe that its mobile units could not
communicate in the southern area of Westchester County, New York.
3. On July 29, 2002, agents David Dombrowski of the
Philadelphia Office and Emil Cherian of the New York Office
investigated the complaint. During the investigation, the FCC
agents used direction-finding techniques to determine that radio
transmitting equipment was positively being operated from the
Cadman Towers, 101 Clark Street, Manhattan, New York on the
frequencies 452.725 MHz and 462.200 MHz. The FCC agents monitored
radio communications from a taxi company on each frequency.
4. During further investigation, the agents found that
Horizon had relocated stations WPMT622 and WPMM811 to the Cadman
Towers, 101 Clark Street, Manhattan, New York to provide radio
communication service for Eastland Car Service on the frequency
452.725 MHz and Lower Eastside Car Service on the frequency
462.200 MHz. At the time of the investigation, Horizon was only
authorized to operate station WPMT622 on the frequency 462.200
MHz at 1500 Palisade Avenue, Fort Lee, New Jersey and station
WPMM811 on the frequency 452.725 MHz at 195 First Street, Newark,
5. On July 29, 2002 between 10:45 a.m. and 11:50 a.m., the
FCC agents monitored the radio transmissions on the frequencies
462.200 MHz and 452.725 MHz. During that period, Horizon failed
to transmit the call sign identification WPMT622 for the 462.200
MHz station and the call sign identification WPMM811 for the
452.725 MHz station. Employees of Eastland Car Service and Lower
Eastside Car Service confirmed that the call sign identification
was not transmitted by the stations.
6. On August 5, 2002, the Philadelphia Office issued a
Notice of Violation to Horizon for operating stations WPMT622 and
WPMM811 at an unauthorized location, in violation of Section
1.903(a) of the Rules, and for failure to transmit call sign
identification for stations WPMM811 and WPMT622, in violation of
Section 90.425(a) of the Rules.
7. By letter dated August 14, 2002, Horizon submitted a
response to the Notice of Violation with the Philadelphia Office.
In the response, Horizon stated that it was applying for
authorization from the Commission for Eastland Car Service's
operation on the frequency 452.725 MHz and Lower Eastside Car
Service's operation on the frequency 462.200 MHz. Horizon also
agreed to take corrective actions to transmit the call sign
identification on the radio transmitting equipment of Lower
Eastside Car Service and Eastland Car Service.
8. Based on the evidence before us, we find that Horizon
willfully2 and repeatedly3 violated Section 1.903(a) of the
Rules. 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 Horizon' operation of each
station at an unauthorized location at $4,000 and for its failure
to transmit the call sign identification on each station at
$1,000. 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 1934,5 (the ``Act''),
as amended, 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 Act,6 and Sections 0.111, 0.311 and 1.80 of the
Rules,7 Horizon is hereby NOTIFIED of its APPARENT LIABILITY FOR
A FORFEITURE in the amount of ten thousand dollars ($10,000) for
its operation of stations WPMT622 and WPMM811 at an unauthorized
location and its failure to transmit the call sign identification
on stations WPMT622 and WPMM811.
10. 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, Horizon 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. 200332400002 and FRN: 0003-4622-31.
12. The response, if any, 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. 200332400002 and FRN:
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 Receivables 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 Horizon Communications, P.O. Box 387,
Cliffside Park, New Jersey 07010.
John E. Rahtes
1 47 C.F.R. §§ 1.903(a) and 90.425(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.
4 47 C.F.R. § 1.80.
5 47 U.S.C § 503(b)(2)(D).
6 47 U.S.C § 503(b).
7 47 C.F.R. §§ 0.111 and 0.311.
8 See 47 C.F.R. § 1.1914.