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


In the Matter of                )
                                )       File No. EB-03-NY-012
Church Ave Car Service, Inc.    )
WPRB497                         )       NAL/Acct. No. 
200332380018
Brooklyn, NY                    )
                                )       FRN: 0008-3694-80


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released: March 31, 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 Church Ave Car Service, Inc.  (``Church''), 
apparently violated  Section  90.403(a)(2)  of  the  Commission's 
Rules (the ``Rules''),1 by  operating a base station  transmitter 
on an unauthorized frequency of 36.08 MHz, and mobile units on an 
unauthorized frequency of 36.12 MHz.  We conclude that Church  is 
apparently liable for a forfeiture in the amount of four thousand 
dollars ($4,000).

                         II.  BACKGROUND

     2.   On January 23, 2003, Commission agents, using a  mobile 
direction finding vehicle,  monitored the  frequencies 36.08  MHz 
and  36.12  MHz  in  Brooklyn,   NY,  to  follow-up  a   previous 
investigation concerning operation on unauthorized frequencies in 
the Private Land  Mobile Radio Services.   The agents  determined 
that Church, located  at 3411  14th Avenue,  Brooklyn, NY  11218, 
operated a  base transmitter  on a  frequency of  36.08 MHz,  and 
mobile units on a frequency of 36.12 MHz.  There was no  evidence 
of a  Commission  authorization  for Church  to  operate  a  base 
station on 36.08 MHz and mobile  units on 36.12 MHz in  Brooklyn, 
NY.

     3.   On January 24, 2003, Commission agents, using a  mobile 
direction finding vehicle,  monitored the  frequencies 36.08  MHz 
and 36.12 MHz in Brooklyn,  NY, and again determined that  Church 
Ave Car Service, Inc., operated a base transmitter on 36.08  MHz, 
and mobile  units  on  a  frequency of  36.12  MHz.   The  agents 
conducted a station inspection and determined that Church Ave Car 
Service,  Inc.,   was  operating   a  base   transmitter  on   an 
unauthorized frequency  of  36.08 MHz,  and  mobile units  on  an 
unauthorized frequency of 36.12  MHz.  The agents advised  Carlos 
Betancourth, manager of Church, that its base station and  mobile 
units were operating on the unauthorized frequencies of 36.08 MHz 
and 36.12 MHz, respectively.

                        III.  DISCUSSION
 
     4.   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 Church  Ave  Car 
Service, Inc., was granted authority under its license,  WPRB497, 
to operate one base station on a frequency of 463.200 MHz and  80 
mobile units on a frequency of 468.200 MHz.  Agents observed  the 
base station operating on 36.08 MHz and mobile units operating on 
36.12 MHz.

     5.   Based on the  evidence before us,  we find that  Church 
operated a base  station on  an unauthorized  frequency of  36.08 
MHz, and mobile units on  an unauthorized frequency of 36.12  MHz 
on January  23,  2003  and  January 24,  2003,  in  willful2  and 
repeated3 violation of Section 90.403(a)(2) of the Rules.

     6.  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

     7.  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, Church 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.

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

     9.   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. 200332380018 and FRN: 0008-3694-80.

     10.  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. 200332380018.

     11.  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.

     12.  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

     13. 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.

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Church Ave  Car Service,  Inc., 3411  14th  Avenue, 
Brooklyn, NY 11218.


                             FEDERAL COMMUNICATIONS COMMISSION




                             Daniel W. Noel
                             District Director
                             New York Office


Attachment A - Condensed List of Small Entities, October 2002
_________________________

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).

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.
 
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.