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


In the Matter of                )
                                )       File No. EB-02-NY-221
Mexicana Car and Limousine Services     )
WNXK978                         )       NAL/Acct. No. 
200332380009
Jackson Heights, NY             )
                                )       FRN: 0005-1515-01


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    January   2, 
2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

       1.      In  this   Notice   of  Apparent   Liability   for 
          Forfeiture ("NAL"),  we  find  that  Mexicana  Car  and 
          Limousine  Services   (``Mexicana'')   has   apparently 
          violated Section 90.403(a)(2) of the Commission's Rules 
          (the  ``Rules''),1  by  operating  radio   transmitting 
          equipment on an  unauthorized frequency  of 31.70  MHz.  
          We conclude  that  Mexicana is  apparently  liable  for 
          forfeiture in  the  amount  of  four  thousand  dollars 
          ($4,000).

                         II.  BACKGROUND

       2.      On September 20, 2002, a Commission agent, using a 
          mobile  direction   finding  vehicle,   monitored   the 
          frequency 31.70 MHz in  Jackson Heights, NY, to  assess 
          compliance in the Private  Land Mobile Radio  Services.  
          The agent determined  that Mexicana,  located at  70-18 
          35th Avenue, Jackson Heights,  NY 11372, operated  base 
          and mobile units  on a frequency  of 31.70 MHz.   There 
          was  no  evidence  of  a  Commission  authorization  to 
          operate this station  on a  frequency of  31.70 MHz  in 
          Brooklyn, NY.

       3.      On October  2, 2002,  Commission agents,  using  a 
          mobile  direction   finding  vehicle,   monitored   the 
          frequency 31.70 MHz in Jackson Heights, NY.  The agents 
          determined that  Mexicana operated  on a  frequency  of 
          31.70 MHz.  The agents  conducted a station  inspection 
          and determined  that  Mexicana's base  transmitter  and 
          mobile  units   were  operating   on  an   unauthorized 
          frequency of 31.70 MHz.   The agents advised  Francisco 
          Carreon,  owner  of  Mexicana,  that  Mexicana's   base 
          station  and  mobile   units  were   operating  on   an 
          unauthorized frequency of 31.70 MHz.

       4.      On October 8, 2002,  a Commission agent  monitored 
          the frequency  31.70 MHz  in  Jackson Heights,  NY  and 
          again positively identified transmissions to Mexicana.

       5.      On October 11,  2002, the New  York Office sent  a 
          Notice of Violation, by First Class and Certified  Mail 
          Return Receipt Requested, to Mexicana for operation  on 
          an unauthorized frequency of  31.70 MHz.  The New  York 
          Office did  not  receive  a  reply  to  the  Notice  of 
          Violation. 

                        III.  DISCUSSION

       6.      Section 90.403(a)(2)  of  the  Commission's  Rules 
          requires that  licensees  in the  private  land  mobile 
          radio services shall  be directly  responsible for  the 
          proper operation and use of each transmitter for  which 
          they are licensed.  In this connection, licensees shall 
          exercise such direction and  control as to assure  that 
          the transmitter  is  being operated  in  a  permissible 
          manner.  A review of  Commission's records showed  that 
          Mexicana was  granted  authority under  their  license, 
          WNXK978, to  operate  on  a  frequency  of  30.68  MHz.  
          Agents observed  the  base  station  and  mobile  units 
          operating on a frequency of 31.70 MHz.

       7.      Based on  the evidence  before us,  we find  that, 
          Mexicana Car  and  Limousine  Services  operated  radio 
          transmitting equipment on an unauthorized frequency  of 
          31.70 MHz on  September 20, 2002,  October 2, 2002  and 
          October 8, 2002, in willful2 and repeated3 violation of 
          Section 90.403(a)(2) of the Rules.

       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  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

       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, Mexicana Car  and 
          Limousine Services is hereby NOTIFIED of their APPARENT 
          LIABILITY FOR  A  FORFEITURE  in  the  amount  of  four 
          thousand  dollars  ($4,000)  for  willfully   violating 
          Section 90.403(a)(2) of the Commission's Rules.

       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, 
          Mexicana Car and Limousine Services 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. 200332380009 and FRN: 0005-1515-01. 

       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. 200332380009. 

       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 submitted.

       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 Mexicana Car and Limousine 
          Services, 70-18 35TH Avenue, Jackson Heights, NY 11372.

                              FEDERAL COMMUNICATIONS COMMISSION




                              Daniel W. Noel
                              District Director
                              New York Office
_________________________

1 47 C.F.R.  90.403(a)(2).

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).
6

47 U.S.C.  503(b).

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

8 See 47 C.F.R.  1.1914.