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


In the Matter of                )
                                )       File No. EB-03-NY-001
Star Car Service                )
WPVU671                         )       NAL/Acct. No. 
200432380002
Bronx, NY                       )
                                )       FRN: 0006 8587 16


           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  Star Car  Service (``Star''),  apparently 
violated  Section  1.903(a)  of   the  Commission's  Rules   (the 
``Rules''),1 by operating a  base station transmitter and  mobile 
units on unauthorized frequencies of 451.500 MHz and 151.845 MHz.  
We conclude that Star  is apparently liable  for a forfeiture  in 
the amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On December 19, 2002, the FCC New York Office  received 
a complaint of interference affecting the frequency 451.500  MHz, 
from an FCC licensed user.

     3.   On January 7, 2003, a Commission agent, using a  mobile 
direction finding vehicle, monitored the frequency 451.500 MHz in 
Bronx, NY, and positively located  the source of interference  to 
Star, located at 1301  Boston Road, Bronx,  NY 10456.  The  agent 
advised the dispatcher on duty that Star was operating their base 
station and mobile units on an unauthorized frequency of  451.500 
MHz.  There was  no evidence  of a  Commission authorization  for 
Star to operate a base station and mobile units on 451.500 MHz in 
Bronx, NY.

     4.   On January 9, 2003, a Commission agent advised Star's 
manager, Keba Nguer that Star was operating their base station 
and mobile units on an unauthorized frequency of 451.500 MHz.

     5.   On January 10, 2003, the New York Office sent a Notice 
of Violation, by First Class and Certified Mail Return Receipt 
Requested, to Star for operation on an unauthorized frequency of 
451.500 MHz. 
     6.   On January  27,  2003,  the New  York  Office  received 
Star's reply to the Notice  of Violation stating that on  January 
18, 2003, their base and  mobile frequency, currently on  451.500 
MHz, was changed to 464.350  MHz and 469.350 MHz, the  respective 
base and mobile licensed frequencies.

     7.   On April 30, 2003, a  Commission agent, using a  mobile 
direction finding vehicle, monitored the frequency 151.845 MHz in 
connection with an investigation  concerning use of  unauthorized 
frequencies in the Private Land Mobile Radio Service.  The  agent 
positively determined  that Star,  located at  1301 Boston  Road, 
Bronx, NY 10456, operated  a base station and  mobile units on  a 
frequency of 151.845 MHz.  There was no evidence of a  Commission 
authorization for Star to operate a base station and mobile units 
on 151.845 MHz in Bronx, NY.

     8.   On May  2,  2003,  Commission agents,  using  a  mobile 
direction finding vehicle, monitored  the frequency 151.845  MHz, 
and again  determined that  Star, located  at 1301  Boston  Road, 
Bronx, NY 10456, operated  a base station and  mobile units on  a 
frequency  of  151.845  MHz.   The  agents  conducted  a  station 
inspection with one of the owners, Abdoulaye Camare, and  advised 
him that Star's base station  and mobile units were operating  on 
an unauthorized frequency of 151.845 MHz.

                        III.  DISCUSSION
 
     9.   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 
Star  Car  Service  was  granted  authority  under  its  license, 
WPVU671, to operate one  base station on  a frequency of  464.350 
MHz, one control station  and 50 mobile units  on a frequency  of 
469.350 MHz.  Agents observed the  base station and mobile  units 
operating on 451.500 MHz, and later on 151.845 MHz. 

     10.  Based on  the evidence  before us,  we find  that  Star 
operated a  base  station and  mobile  units on  an  unauthorized 
frequency of 451.500 MHz on January 7, 2003, and 151.845 MHz  on, 
April 30,  2003  and  May  2, 2003,  in  willful2  and  repeated3 
violation of Section 1.903(a) of the Rules.

     11.  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

     12. 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 Star 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.

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

     14. 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. 200432380002 and FRN: 0006 8587 16.

     15. 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. 200432380002.

     16. 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.

     17. 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

     18. 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  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     19. IT  IS FURTHER  ORDERED THAT a  copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Star Car Service, 1301 Boston Road, Bronx, NY 10456.


                             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.