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

In the Matter of                )
                                )       File No. EB-03-NY-157
                                )
Parkway Luxury Ride Inc.        )       NAL/Acct. No. 
200432380010
Mt. Vernon, NY                  )
                                )       FRN: 00101 1877 55


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  March 8, 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 Parkway Luxury Ride Inc. (``Parkway'')  has 
apparently violated Section 301 of the Communications Act of 1934 
as   amended,   (``Act''),1   by   operating   unlicensed   radio 
transmitters on frequencies of 157.490  MHz and 155.265 MHz.   We 
conclude that Parkway  is apparently liable  for a forfeiture  in 
the amount of ten thousand dollars ($10,000).

                          II.  BACKGROUND

     2.   On August 29, 2003, the FCC New York Office received  a 
complaint from  a  FCC  licensed  user  of  interference  to  the 
frequency 155.265 MHz.

     3.   On September 3, 2003, a Commission agent using a mobile 
direction finding vehicle, monitored the frequency, 155.265  MHz, 
and positively identified the source of transmissions to Parkway, 
located at 155 Mt.  Vernon Avenue, Mt.  Vernon, NY 10550.   There 
was no  evidence of  a Commission  authorization for  Parkway  to 
operate this station on 155.265 MHz in Mt. Vernon, NY.  

     4.   On  September  4,  2003,   a  Commission  agent   again 
monitored the frequency 155.265 MHz and positively identified the 
source of  transmissions to  Parkway located  at 155  Mt.  Vernon 
Avenue, Mt. Vernon, NY 10550.   The agent advised the  dispatcher 
on duty that Parkway was operating their base station and  mobile 
units on an unauthorized frequency of 155.265 MHz.  There was  no 
evidence of a Commission authorization  for Parkway to operate  a 
base station and mobile units on 155.265 MHz in Mt. Vernon, NY.

     5.   On September 5, 2003,  Commission agents monitored  the 
frequency 155.265 MHz and positively identified transmissions  to 
Parkway.   The  agents,  conducted  a  station  inspection   with 
Parkway's owner Henry Mensah present, and confirmed that the base 
station was operating on a frequency of 155.265 MHz.  The  agents 
advised Mr. Mensah that a station license is required for station 
operation.  There was no  evidence of a Commission  authorization 
for Parkway to operate a base station and mobile units on 155.265 
MHz in Mt. Vernon, NY.

     6.    On January 2, 2004, a Commission agent, using a mobile 
direction-finding vehicle, monitored the frequency, 157.490  MHz, 
in Mt. Vernon, NY in connection with an investigation  concerning 
the use of  unauthorized frequencies in  the Private Land  Mobile 
Radio Services.  The  agent positively identified  the source  of 
transmissions on  157.490  MHz to  Parkway,  located at  155  Mt. 
Vernon Avenue, Mt. Vernon, NY 10550.  There was no evidence of  a 
Commission authorization for Parkway  to operate this station  on 
157.490 MHz in Mt. Vernon, NY. 

     7.   On January 7,  2004, Commission agents  using a  mobile 
direction finding vehicle, monitored  the frequency, 157.490  MHz 
and positively identified the source of transmissions to Parkway, 
located at  155 Mt.  Vernon Avenue,  Mt. Vernon,  NY 10550.   The 
agents conducted a station  inspection with Parkway's  dispatcher 
and observed the base transmitter in use.  The agents advised the 
dispatcher  that  Parkway  was   operating  on  an   unauthorized 
frequency of 157.490 MHz.  There was no evidence of a  Commission 
authorization for Parkway to operate this station on 157.490  MHz 
in Mt. Vernon, NY.

     8.   On January 8, 2004, a  Commission agent using a  mobile 
direction finding vehicle, monitored the frequency, 157.490  MHz, 
in Mt.  Vernon,  NY,  and positively  identified  the  source  of 
transmissions to Parkway, located at  155 Mt. Vernon Avenue,  Mt. 
Vernon,  NY  10550.   There  was  no  evidence  of  a  Commission 
authorization for Parkway to operate this station on 157.490  MHz 
in Mt. Vernon, NY.  
                        III.  DISCUSSION

     9.   Section 301 of  the Acts 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.

     10.  Based on the evidence before  us, we find that  Parkway 
operated a  base  station and  mobile  units on  a  frequency  of 
155.265 MHz on September 3,  September 4, and September 5,  2003; 
and on a  frequency of 157.490  MHz on January  2, January 7  and 
January 8, 2004, in willful2  and repeated3 violation of  Section 
301 of the Act.

     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  operation  without   an 
instrument  of  authorization  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,5 
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

     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 
Commission's Rules7, Parkway 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.

     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,  Parkway   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. 200432380010 and FRN: 00101 1877 55. 

     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. 200432380010. 

     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 Parkway  Luxury Ride, Inc.,  155 Mt. Vernon  Avenue, 
Mt. Vernon, NY 10550.


                                FEDERAL COMMUNICATIONS 
                                COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office




Attachment A - FCC 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).

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.

547 U.S.C.  503(b)(2)(D).

647 U.S.C.  503(b).
7
47 C.F.R.  0.111, and 0.311. 
8 See 47 C.F.R.  1.1914.