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

                                )
In the Matter of                   )         File No. EB-03-PA-
029
                                )
Best Wok                        )       NAL/Acct.             No. 
200432400001
                                )
Westville, New Jersey           )       FRN: 0009-3455-62 
                                )  


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released: February 26, 
               2004 

By the District Director, Philadelphia Office, Enforcement 
Bureau:


                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that Best Wok has apparently violated  Section 
301 of the Communications Act of 1934, as amended (the ``Act'').1  
The  violation   occurred  because   Best  Wok   operated   radio 
transmitting equipment on  the frequency 145.8376  MHz without  a 
license issued  by  the  FCC.   We  conclude  that  Best  Wok  is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   On  September  4,  2001,  the  FCC  Enforcement  Bureau 
received information that  Best Wok, a  restaurant in  Westville, 
New Jersey, was operating radio transmitting equipment in the Two 
Meter Amateur Radio  Service Band  on the  frequency 145.835  MHz 
without a license.  On October 16, 2001, the FCC issued a  letter 
to Best Wok at  1070 Delsea Drive,  Westville, New Jersey  08093.  
The letter  warned the  addressee  that it  was in  violation  of 
Section 301 of the Act for operating radio transmitting equipment 
in the Two-Meter Amateur Radio Service Band (145.83 MHz)  without 
a license  and explained  the penalties  for continued  operation 
including a monetary forfeiture.  According to the certified mail 
return receipt  from  the  Post Office,  Best  Wok  received  the 
warning letter on October 25, 2001.    

     3.   On  October  16,  2002,  the  FCC  Enforcement   Bureau 
received information that  Best Wok  was again  operating on  the 
frequency 145.835 MHz without  a license.  Therefore, on  January 
22, 2003, the FCC issued another letter to Best Wok warning  that 
it was in violation of Section 301 of the Act for operating radio 
transmitting equipment  in the  Two-Meter Amateur  Radio  Service 
Band (145.835 MHz) without a license.  According to the certified 
mail return receipt from the  Post Office, Best Wok received  the 
warning letter on January 27, 2003.  

     4.   During the morning of February  28, 2003, an FCC  agent 
with the Philadelphia Office drove  to the Westville, New  Jersey 
area to determine  if Best Wok  was operating radio  transmitting 
equipment on the frequency  145.835 MHz.  At approximately  10:45 
a.m., the agent began  monitoring a constant  radio signal on  or 
near the frequency 145.835  MHz.  At 11:10  a.m., the agent  used 
direction finding  techniques to  positively determine  that  the 
source of the transmissions was located at Best Wok, 1070  Delsea 
Drive, Westville, New Jersey.

     5.   At 11:30 a.m. on February  28, 2003, the agent  entered 
Best Wok and  inspected the radio  transmitting equipment in  the 
presence of  the restaurant  manager, Sae  C. Hauwo.   The  agent 
found that  Best  Wok  was operating  a  long  distance  cordless 
telephone system.  The system was  comprised of a base unit  that 
was located under the counter of the restaurant and a mobile unit 
that was in Hauwo's vehicle.  There were no identifying  markings 
on the mobile unit  but the base unit  was marked with the  Model 
Number  GSM  WLT-988.  The  FCC  agent  used  frequency-measuring 
equipment to determine  that the base  unit actually operated  on 
the frequency 145.8376 MHz and  not the frequency 145.835 MHz  as 
specified in the complaints.  Hauwo stated that he installed  the 
long range cordless telephone system so that his employees  could 
answer customers'  telephone  calls while  making  deliveries  in 
their vehicles.  Hauwo  stated that he  purchased the long  range 
cordless telephone system in another country and brought it  into 
the United States to operate at the restaurant. 

     6.   Hauwo and Best Wok were unable to provide the FCC agent 
with  a   license  authorizing   the  operation   of  the   radio 
transmitting  equipment.   Hauwo   acknowledged  that  Best   Wok 
received the October 16, 2001 unlicensed warning letter from  the 
FCC Enforcement Bureau.   Hauwo stated that  when the  restaurant 
received the  letter,  it  ceased operation  of  the  long  range 
cordless telephone  system and  purchased an  alternative set  of 
radios from  Radio Shack  that operated  on the  Multi-Use  Radio 
Service  frequency  154.600  MHz.   He  said  that  because   the 
alternative radios did not provide sufficient coverage, Best  Wok 
began operating  the  long  distance  cordless  telephone  system 
again.  

                      III.      DISCUSSION

     7.   Section 301 of the Act states that no person shall  use 
or operate  any  apparatus  for the  transmission  of  energy  or 
communications or signals by radio except under and in accordance 
with this Act and with a license in that behalf granted under the 
provisions of this Act.  On February 28, 2003, Best Wok  operated 
radio transmitting  equipment  on  the  Two-Meter  Amateur  Radio 
Service frequency 145.8376 MHz.  Neither Best Wok nor any of  its 
employees held  a license  to operate  a station  in the  Amateur 
Radio Service Band.  

     8.   Based on the evidence before us, we find that Best  Wok 
willfully2 violated  Section 301  of the  Act.  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''),3  sets  the  base  forfeiture  amount   for 
operating radio  transmitting  equipment  without  a  license  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   Act,4   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

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,5 and Sections  0.111, 0.311 and  1.80 of  the 
Commission's Rules,6 (``Rules'') Best  Wok is hereby NOTIFIED  of 
its APPARENT  LIABILITY FOR  A FORFEITURE  in the  amount of  ten 
thousand  dollars  ($10,000)  for  operating   radio-transmitting 
equipment on the frequency 145.8376 MHz without a license.  

     10.  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, Best Wok SHALL PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     11.  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. 200432400001 and FRN: 0009-3455-62.

     12.  The  response,  if  any,  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. 200432400001 and  FRN: 
0009-3455-62.

     13.  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.
     14.  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. 20554.7

     15.  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.

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Best Wok, 1070 Delsea Drive, Westville, New 
Jersey 08093.  


                                   FEDERAL         COMMUNICATIONS 
COMMISSION




                                   John E. Rahtes
                                   District Director
                                   Philadelphia Office



Attachment A: Condensed List of Small Entities
_________________________

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 47 C.F.R.  1.80.

4 47 U.S.C  503(b)(2)(D).

5 47 U.S.C  503(b).

6 47 C.F.R.  0.111, and 0.311.

7 See 47 C.F.R.  1.1914.