Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )
                                )       File No. EB-03-NY-125
                                )
L.A.C.A., State of New York, Inc.       )
                                )       NAL/Acct. No. 
200432380007
Bronx, NY                       )
                                )       FRN: 0007 8304 58


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   February  24, 
2004

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find  that  L.A.C.A.,  State  of  New  York,   Inc. 
(``L.A.C.A.'')  has  apparently  violated  Section  301  of   the 
Communications Act of 1934, as amended, (``Act'')1, by  operating 
an unlicensed radio transmitter on  the frequencies 96.1 MHz  and 
96.5 MHz.  We conclude that  L.A.C.A. is apparently liable for  a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On  June  19,  2003,  the  New  York  Office   received 
          complaints about an  illegal broadcast station  located 
          in Bronx, NY, operating on the frequency 96.1 MHz,  and 
          causing interference to a FCC licensed radio station in 
          New York, NY, operating on the frequency 96.3 MHz.    

     3.   On June 21,  2003, a Commission  agent, using a  mobile 
          direction-finding vehicle, monitored the frequency 96.1 
          MHz in Bronx, NY.   The agent observed an  unauthorized 
          radio broadcast on 96.1 MHz, and positively  determined 
          the source of the broadcast  to a FM broadcast  antenna 
          on the roof of 1112  Garrison Avenue, Bronx, NY  10474.  
          The agent then conducted a station inspection with Rev. 
          Fernando  Rodriguez,   president   of   L.A.C.A.,   who 
          acknowledged the  operation  of  the  unlicensed  radio 
          station.  The  agent advised  Rev. Rodriguez  that  the 
          station on 96.1 MHz was causing interference to an  FCC 
          licensed station operating on  96.3 MHz.  There was  no 
          evidence  of  a   Commission  authorization  for   this 
          operation in Bronx, NY.  

     4.   On June 23, 2003,  the New York  Office sent a  Warning 
          Letter, by  Fax, First  Class Mail  and Certified  Mail 
          Return Receipt  Requested, to  L.A.C.A. for  unlicensed 
          operation on the  frequency 96.1  MHz.  In  a June  25, 
          2003, telephone  call  with a  Commission  agent,  Rev. 
          Rodriguez acknowledged receipt of the faxed copy of the 
          Warning Letter.  The New York Office did not receive  a 
          written reply to the Warning Letter.

     5.    On June 26, 2003,  a Commission agent, using a  mobile 
          direction-finding vehicle, monitored the frequency 96.1 
          MHz in Bronx, NY, observed unauthorized radio broadcast 
          on 96.1 MHz,  and positively determined  the source  of 
          the broadcast to a FM broadcast antenna on the roof  of 
          1112 Garrison Avenue, Bronx, NY 10474.  

     6.   On August 4, 2003, the  New York Office received a  fax 
          complaint letter from an  FCC licensed station, in  New 
          York, NY, concerning interference to their broadcast on 
          96.3 MHz from a station in   Bronx, NY, transmitting on 
          96.1 MHz.

     7.     On August  6, 2003, an  agent from the  FCC New  York 
          Office  contacted  Rev.  Rodriguez  by  telephone   and 
          advised him  of  the complaint  of  interference  being 
          caused from a station operating  on 96.1 MHz in  Bronx, 
          NY.

     8.     On September 22, 2003,  the New York Office  received 
          another  fax  complaint  letter  from  a  FCC  licensed 
          station in  New York,  NY, concerning  interference  to 
          their broadcast signal on 96.3  MHz, from a station  in 
          Bronx, NY, transmitting on 96.5 MHz.

     9.   On September  22,  2003,  Commission  agents,  using  a 
          mobile   direction-finding   vehicle,   monitored   the 
          frequency 96.5 MHz  in the Bronx,  NY, and observed  an 
          unauthorized  radio   broadcast   on  96.5   MHz,   and 
          positively determined the source of the broadcast to  a 
          FM broadcast  antenna  on  the roof  of  1112  Garrison 
          Avenue, Bronx, NY 10474.  

     10.   On  September 27,  2003,  Commission agents,  using  a 
          mobile   direction-finding   vehicle,   monitored   the 
          frequency 96.5  MHz  in  Bronx,  NY,  and  observed  an 
          unauthorized  radio   broadcast   on  96.5   MHz,   and 
          positively determined the source of the broadcast to  a 
          FM broadcast  antenna  on  the roof  of  1112  Garrison 
          Avenue,  Bronx,  NY  10474.   The  agents  conducted  a 
          station inspection with Rev. Rodriguez and advised  him 
          of  the  station  operation  that  was  again   causing 
          interference to an  FCC licensed  station operating  on 
          96.3 MHz.   There  was  no  evidence  of  a  Commission 
          authorization for this operation in Bronx, NY.  

                        III.  DISCUSSION

     11.  Section 301 of  the Act  sets forth  generally that  no 
          person shall  use  or  operate any  apparatus  for  the 
          transmission of energy or communications or signals  by 
          radio within  the United  States  except under  and  in 
          accordance with  the Act  and  with a  license  granted 
          under the provisions of the Act.

     12.  Based on the evidence before us, we find that  L.A.C.A. 
          willfully2 and repeatedly3 operated radio  transmission 
          equipment on: 96.1 MHz  on June 21,  2003 and June  26, 
          2003; 96.5 MHz on September 22, 2003 and September  27, 
          2003, without a Commission authorization, in  violation 
          of Section 301  of the Act.   A review of  Commission's 
          records  showed  that  there  was  no  evidence  of   a 
          Commission authorization to operate this station on the 
          frequencies, 96.1 MHz or 96.5 MHz in Bronx, NY.

     13.  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  operation without an  instrument 
          of  authorization  for  the  service  at  $10,000.   In 
          assessing the monetary forfeiture amount, we must  take 
          into account the statutory factors set forth in Section 
          503(b)(2)(D) of  the Act5,  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 ten  thousand 
          dollar ($10,000) monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     14.  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, L.A.C.A. is hereby NOTIFIED 
          of their  APPARENT LIABILITY  FOR A  FORFEITURE in  the 
          amount of ten thousand dollars ($10,000) for  willfully 
          and repeatedly violating Section 301 of the Act.

     15.  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, 
          L.A.C.A SHALL  PAY  the  full amount  of  the  proposed 
          forfeiture or SHALL  FILE a  written statement  seeking 
          reduction or cancellation of the proposed forfeiture.

     16.  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. 200432380007 and FRN: 0007 8304 58. 

     17.  Any response  to this  NAL must  be mailed  to  Federal 
          Communications   Commission,    Spectrum    Enforcement 
          Division,  445  12th  Street,  S.W.,  Washington,  D.C. 
          20554, and MUST INCLUDE THE NAL/Acct. No. 200432380007. 

     18.  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.  

     19.  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

     20.  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.

     21.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
          APPARENT LIABILITY  shall  be sent  by  Certified  Mail 
          Return Receipt  Requested  to L.A.C.A.,  1112  Garrison 
          Avenue, Bronx, NY 10474.

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


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

1 47 U.S.C.  301.

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.

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.