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


                                )
In the Matter of                   )         File No. EB-02-PA-
298
                                )
New York Radio Service          )       NAL/Acct.             No. 
200332400005
WPTM988                         )
Brooklyn, New York              )       FRN: 0005-1516-83
                                )          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: January 6, 2003

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  that New  York Radio  Service (``NYRS'')  has 
apparently violated Section  1.903(a) of  the Commission's  Rules 
(the ``Rules'').1  This violation occurred because NYRS  operated 
station WPTM988 on the frequency 452.000 MHz at the  unauthorized 
location of  700  Victory  Boulevard,  Staten  Island,  New  York 
("Parkview House").  We conclude  that NYRS is apparently  liable 
for a forfeiture in the amount of four thousand dollars ($4,000). 

                         II.  BACKGROUND

     2.   On July  26,  2002, the  Philadelphia  Office  received 
information that radio-transmitting equipment was being  operated 
at the Parkview House without authorization from the  Commission.  
On  July 30,  2002  and  July  31,  2002,  FCC  agents  from  the 
Philadelphia  Office   and   New   York   Office   conducted   an 
investigation into  the complaint.   Between 7:00  p.m. and  8:00 
p.m. on July 30,  2002 and between 10:00  a.m. and 11:00 a.m.  on 
July 31, 2002, the agents  monitored radio communications on  the 
frequency 452.000 MHz  and used  direction-finding techniques  to 
determine that the source of the radio transmissions was  located 
at the Parkview House.  

     3.   At approximately  3:45  p.m., Mr.  Howard  Miller,  the 
President of  Statcom Communications  Corporation, met  with  the 
agents and permitted  them to  inspect the radio  equipment in  a 
room on the 14th Floor of  the Parkview House.  This is the  same 
room where Statcom  Communications Corporation  operated its  UHF 
trunk radio system.  During the inspection, the agents observed a 
radio transmitter labeled with the  frequency 452.00 MHz and  the 
call sign WPTM988.  The agents used an Optoelectronics  frequency 
counter to  verify that  the radio  transmitter operated  on  the 
frequency 452.000 MHz.  During the inspection, Mr. Miller  stated 
that he  installed  the  452.000 MHz  radio  transmitter  at  the 
Parkview House for NYRS because they wanted to test the  coverage 
of their 452.000 MHz radio transmitter from this alternate site.   

     4.   On September 4, 2002, the Philadelphia Office issued  a 
Notice of  Violation  (``NOV'') to  NYRS  for operating  a  radio 
transmitter on  the  frequency  452.000 MHz  at  an  unauthorized 
location, in violation of Section 1.903(a) of the Rules.  In  the 
Notice of Violation, the Philadelphia Office stated that although 
NYRS was authorized to operate  station WPTM988 on the  frequency 
452.000 MHz  at  1633  Broadway,  New  York,  New  York,  it  was 
operating the station on July 30,  2002 and July 31, 2002 at  the 
Parkview House.  

     5.   On September 30,  2002, Ms. Elizabeth  Sachs of  Lukas, 
Nace, Gutierrez & Sachs submitted a response to the NOV on behalf 
of NYRS.  In the response,  Ms. Sachs acknowledged the  violation 
and stated  that  NYRS inadvertently  relocated  station  WPTM988 
prior to receiving conditional  authority to operate the  station 
at the Parkview House. 

                      III.      DISCUSSION

     6.   Section 1.903(a) of the  Rules states that stations  in 
the Wireless Radio  Services must  be used and  operated only  in 
accordance with the rules applicable to their particular  service 
as set forth in this title and with a valid authorization granted 
by the Commission under the provisions of this part.  On July 30, 
2002 and July 31, 2002, NYRS operated a radio transmitter on  the 
frequency  452.000  MHz  at  the  Parkview  House,  700   Victory 
Boulevard, Staten  Island, New  York.   The license  for  station 
WPTM988 authorizes NYRS  to operate  a radio  transmitter on  the 
frequency 452.000 MHz at 1633 Broadway, New York.    

     7.   Based on  the evidence  before us,  we find  that  NYRS 
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 construction or operation  at 
an unauthorized location  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  1934,5  (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  four thousand  dollar 
($4,000) monetary forfeiture is warranted. 

                      IV.  ORDERING CLAUSES

     8.   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 NYRS is hereby NOTIFIED  of its APPARENT LIABILITY FOR  A 
FORFEITURE in the  amount of four  thousand dollars ($4,000)  for 
its operation of station WPTM988 at an unauthorized location. 

     9.   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, NYRS  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 should note the 
NAL/Acct. No. 200332400005 and FRN: 0005-1516-83.  

     11.  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. 200332400005 and  FRN: 
0005-1516-83.  

     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: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.8

     14.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  New  York  Radio  Service,  927  McDonald 
Avenue, Brooklyn, New York 11218, and to Lukas, Nace, Gutierrez & 
Sachs, 1111 Nineteenth Street, N.W., Suite 1200, Washington, D.C. 
20036.   


                                   FEDERAL         COMMUNICATIONS 
COMMISSION



                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office



Attachment A - FCC's List of Small Entities


_________________________

1 47 C.F.R.  1.903(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.