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


In the Matter of                )
                                )       File No. EB-03-NY-064
Esperanza Gonzales d.b.a. Ivette Car Service      )
KNNR573                         )       NAL/Acct. No. 
200432380001
Brooklyn, NY                    )
                                )       FRN: 0008 9882 06


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   December  24, 
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  Esperanza  Gonzales  d.b.a.  Ivette  Car 
Service (``Ivette''), apparently violated Section 1.903(a) of the 
Commission's Rules (the ``Rules''),1 by operating a base  station 
transmitter on  an unauthorized  frequency  of 151.635  MHz,  and 
mobile units on  an unauthorized  frequency of  155.635 MHz.   We 
conclude that Ivette is apparently liable for a forfeiture in the 
amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On May 16,  2003, a  Commission agent,  using a  mobile 
direction finding vehicle, monitored the frequency 151.635 MHz in 
Brooklyn, NY, to  follow-up a  previous investigation  concerning 
operation on unauthorized frequencies in the Private Land  Mobile 
Radio Services.   The agent  determined that  Ivette, located  at 
2958  Fulton  Street,  Brooklyn,   NY  11207,  operated  a   base 
transmitter on a frequency of 151.635 MHz.  There was no evidence 
of a  Commission  authorization  for Ivette  to  operate  a  base 
station on 151.635 MHz in Brooklyn, NY.

     3.   On May  19, 2003,  Commission  agents, using  a  mobile 
direction finding vehicle, monitored  the frequency 151.635  MHz, 
and again determined that Ivette, located at 2958 Fulton  Street, 
Brooklyn, NY 11207,  operated a  base station on  a frequency  of 
151.635 MHz.   The agents  conducted  a station  inspection  with 
Ivette's manager, Odilio Bautist, and advised him that Ivette was 
operating a  base transmitter  on  an unauthorized  frequency  of 
151.635 MHz, and  mobile units  on an  unauthorized frequency  of 
155.635 MHz. There was no evidence of a Commission  authorization 
for Ivette to operate  mobile units on  155.635 MHz in  Brooklyn, 
NY.

     4.   On May 20,  2003, a  Commission agent,  using a  mobile 
direction finding vehicle, monitored the frequencies 151.635  and 
155.635 MHz, and  again determined  that Ivette  operated a  base 
transmitter on a frequency of 151.635  MHz and mobile units on  a 
frequency of 155.635 MHz.

                        III.  DISCUSSION
 
     5.   Section 1.903(a) of the Rules requires 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.''  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 
Esperanza  Gonzales  d.b.a.  Ivette   Car  Service  was   granted 
authority under its license, KNNR573, to operate one base station 
and 25  mobile  units on  a  frequency of  151.775  MHz.   Agents 
observed the base  station operating  on 151.635  MHz and  mobile 
units operating on 155.635 MHz. 

     6.   Based on the  evidence before us,  we find that  Ivette 
operated a base station on the unauthorized frequency of  151.635 
MHz on May 16, May19,  and May 20 2003,  and mobile units on  the 
unauthorized frequency of 155.635 MHz on May19, and May 20, 2003, 
in willful2 and  repeated3 violation of  Section 1.903(a) of  the 
Rules.

     7.  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

     8.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,7 Ivette is hereby NOTIFIED of their APPARENT LIABILITY FOR 
A FORFEITURE in the amount of four thousand dollars ($4,000)  for 
willfully and repeatedly violating Section 1.903(a) of the Rules.

     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, Ivette  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. 200432380001 and FRN: 0008 9882 06.

     11. Any  response to  this  NAL must  be mailed  to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445 12th  Street, S.W.,  Washington,  D.C. 
20554, and MUST INCLUDE THE NAL/Acct. No. 200432380001.

     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  Receivable  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 Spectrum Enforcement  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 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 Esperanza Gonzales  d.b.a. Ivette Car Service,  2958 
Fulton Street, Brooklyn, NY 11207.


                             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.  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).

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.