Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
In the Matter of                 )
                                )
Alpha Ambulance, Inc.            )    File Number: EB-02-SJ-031
                                )
San Juan, PR                     )    NAL/Acct.No 200232680006
                                )
                                )        FRN 0005-9491-93


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                          Released:  June 21 2002

By the Enforcement Bureau, San Juan Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Alpha  Ambulance, Inc.  (``Alpha'') willfully  violated 
Section 301  of  the  Communications  Act  of  1934,  as  amended 
(``Act''),1 and Section 1.903(a)  of the Commission's Rules,2  by 
operating  radio  transmission  equipment  without  the  required 
Commission authorization.  We conclude  that Alpha is  apparently 
liable for  a  forfeiture  in the  amount  ten  thousand  dollars 
($10,000).

                         II.  BACKGROUND

     2.   On April  23, 2002,  the FCC  Enforcement Bureau's  San 
Juan Resident Agent Office  (``San Juan Office'') received,  from 
the Commonwealth of Puerto  Rico Medical Emergencies Services,  a 
complaint  of   interference   affecting   the   frequency   pair 
463.100/468.100  MHz.    The   Commission  has   assigned   these 
frequencies to the Public Safety Radio Pool and authorized  their 
use solely  for  communications between  medical  facilities  and 
personnel involving treatment  and transport of  patients in  the 
rendition of  medical  services.3   The  complaint  alleged  that 
interference to  ongoing  emergency  medical  communications  was 
caused by Alpha.  FCC license records showed no license issued to 
Alpha for operation on these frequencies.

     3.   On May 6, 2002,  an agent of the  San Juan Office  used 
direction finding techniques to locate radio transmissions on the 
frequency 468.100 MHz.  The agent  determined the  source of  the 
transmissions to  be  a  one-story building  located  at  #  1720 
Eduardo Conde Ave., Santurce, Puerto Rico. A sign on the building 
identified it as Alpha Ambulance.  The agent also confirmed  that 
Alpha's  ambulances  transmitted   on  the  463.100/468.100   MHz 
frequency pair.

     4.   On May 7, 2002 a San Juan agent went to the offices  of 
Alpha Ambulance and interviewed the owners, Ms. Milagros  Montero 
and her daughter, Ms. Wendy Montero.  Ms. Milagros Montero stated 
that they both owned Alpha Ambulance, Inc., and admitted that the 
company operated radio transmission equipment on  463.100/468.100 
MHz.   Upon  the  agent's  request  to  see  the  radio   station 
authorization, Ms. Milagros Montero handed the agent a copy of  a 
license under which she alleged to be operating. The license  was 
issued in the name of First Aid Ambulance, Inc. for the frequency 
pair 463.100/468.100 MHz, call sign  KNIG648, and had expired  on 
April 8,  2001.   Ms.  Milagros Montero  stated  that  First  Aid 
Ambulance was owned  by her  ex-husband, his  mother and  sister, 
that First Aid Ambulance had dissolved about three years ago, and 
that Alpha  had operated  the radio  equipment since  that  time.  
Alpha could not produce any  authorization to operate on  463.100 
or 468.100  MHz.  Ms.  Milagros  Montero  did  produce  documents 
indicating that, on or about  June 18, 2001, Alpha had  submitted 
paperwork to a license application  service to renew the  license 
issued to  First Aid  Ambulance, but  had failed  to provide  the 
proper documentation of frequency  coordination, resulting in  no 
action taken.

                        III.  DISCUSSION

     5.   Section 301 of  the Act  sets forth  generally that  no 
person shall use or operate any apparatus for the transmission of 
energy of communications  or signals by  radio within the  United 
States except under  and in accordance  with the Act  and with  a 
license.  Section 1.903(a) of the Commission's Rules provides, in 
pertinent part, that stations in the Wireless Radio Services must 
be operated only with a  valid Commission authorization.  On  May 
6, 2002,  Alpha  operated  radio transmission  equipment  on  the 
Public Safety Radio frequencies  463.100 and 468.100 MHz  without 
the required FCC authorization.

     6.   Based on the evidence before  us, we find that, on  May 
6, 2002, Alpha  willfully4 violated  Section 301 of  the Act  and 
Section 1.903(a)  of the  Commission's Rules  by operating  radio 
transmission apparatus without a license.

     7.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount  for the violation(s) cited  in 
this notice  is  $10,000.5    Section  503(b)(2)(D)  of  the  Act 
requires us to take into account ``... 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.''6  Considering  the  entire  record  and  applying  the 
statutory factors  listed above,  this  case warrants  a  $10,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,8 Alpha Ambulance, Inc. is hereby NOTIFIED  of 
its APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  ten 
thousand dollars ($10,000) for  willful violation of Section  301 
of the  Communications  Act  of 1934,  as  amended,  and  Section 
1.903(a) 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, Alpha  Ambulance, 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 must  include 
the FRN and NAL/Acct. No. referenced in the letterhead above.

     11.  The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of the  Secretary,  445  12th 
Street, SW,  Washington,  DC  20554,  Attn:  Enforcement  Bureau-
Technical  &  Public  Safety  Division,  and  MUST  INCLUDE   THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     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:  Federal  Communications   Commission,  Chief,  Revenue   and 
Receivables Operations Group, 445 12th Street, S.W.,  Washington, 
D.C. 20554.9 

     14.                                                  IT   IS 
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT  LIABILITY 
shall be sent by regular  mail and Certified Mail Return  Receipt 
Requested to Alpha Ambulance, Inc. at Box 19313, Fernandez Juncos 
Station, Santurce, PR 00910.


                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Reuben Jusino
                              Resident Agent,  San  Juan  Office, 
Enforcement Bureau
_________________________

1 47 U.S.C.  301.
2 47 C.F.R  1.903(a).
3 See 47 C.F.R.  90.20(c)(3) and 90.20(d)(76).
4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).
5 47 C.F.R.  1.80(b)(4).
6 47 U.S.C.  503 (b)(2)(D).
7 47 U.S.C.  503(b).
8 47 C.F.R.  0.111, 0.311, 1.80.
9 See 47 C.F.R.  1.1914.