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



In the Matter of                )
                                )       File No. EB-03-NY-060
Fransisco Peralta               )
WNPY529                         )       NAL/Acct. No. 
200332380022
East Elmhurst, NY               )
                                )       FRN: 0008 9137 41



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  June 13, 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  Fransisco  Peralta  apparently  violated 
Section 90.403(a)(2) of the Commission's Rules (the  ``Rules''),1 
by operating mobile units on an unauthorized frequency of 151.635 
MHz.  We conclude that Fransisco Peralta is apparently liable for 
a forfeiture in the amount of four thousand dollars ($4,000).


                         II.  BACKGROUND

     2.   On May  1,  2003,  Commission agents,  using  a  mobile 
direction finding vehicle, monitored the frequencies 151.805  MHz 
and  151.635  MHz   in  East  Elmhurst,   NY,  to  follow-up   an 
investigation   concerning   the   operation   on    unauthorized 
frequencies in  the  Private  Land Mobile  Radio  Services.   The 
agents determined that Continental Car Service, located at  98-02 
Astoria Boulevard, East Elmhurst, NY 11369, operated mobile units 
on a frequency of 151.635 MHz.  The agents advised the dispatcher 
on duty that the mobile  units were operating on an  unauthorized 
frequency of 151.635 MHz.  There was no evidence of a  Commission 
authorization for Continental Car Service to operate mobile units 
on 151.635 MHz in East Elmhurst, NY.

     3.   On May  2,  2003,  Commission agents,  using  a  mobile 
direction finding vehicle, monitored the frequencies 151.805  MHz 
and 151.635 MHz in East  Elmhurst, NY, and again determined  that 
Continental Car Service operated mobile  units on a frequency  of 
151.635 MHz.  They also inspected a second base station that  was 
operational on  the  unauthorized  frequency of  31.320  MHz.   A 
subsequent search of  Commission records showed  that a  license, 
WPPK459,  for  the  frequency  of  33.160  MHz,  had  expired  on 
3/20/2002.  The agents advised Andres Graceno, one of the  owners 
of Continental Car Service, that the mobile units were  operating 
on an unauthorized frequency of 151.635 MHz.


                        III.  DISCUSSION
 
     4.   Section  90.403(a)(2)  of   the  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 Fransisco  Peralta 
was granted authority under his license, WNPY529, to operate  one 
base station and 25 mobile units  on a frequency of 151.805  MHz.  
Agents observed mobile units operating on 151.635 MHz.

     5.   Based on the evidence before us, we find that Fransisco 
Peralta operated  mobile units  on an  unauthorized frequency  of 
151.635 MHz  on May  1, 2003  and May  2, 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.  In this case, Fransisco  Peralta has a history of  non-
compliance,  as  evidenced  by   the  expired  license  for   the 
transmitter that was operational on the unauthorized frequency of 
31.320 MHz.  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 
Rules7, Fransisco  Peralta is  hereby  NOTIFIED of  his  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 Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT  LIABILITY,  Fransisco  Peralta 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. 200332380022 and FRN: 0008 9137 41.

     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. 200332380022.

     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  Fransisco Peralta,  98-02 Astoria  Boulevard,  East 
Elmhurst, NY 11369.


                             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.