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


In the Matter of                )
                                )       File No. EB-04-NY-018
Caprice Car Service II          )
WPDF849                         )       NAL/Acct. No. 
200432380014
Flushing, NY                    )
                                )       FRN: 0005 5586 97


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  June 14, 2004

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


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find  that Caprice Car  Service II (``Caprice'')  has 
apparently violated Section  1.903(a) of  the Commission's  Rules 
(the ``Rules'')1, by  operating mobile units  on an  unauthorized 
frequency of 159.950 MHz.  We conclude that Caprice is apparently 
liable for  forfeiture in  the amount  of four  thousand  dollars 
($4,000).


                         II.  BACKGROUND

     2.   On or about January 29,  2004, the FCC New York  Office 
received a complaint from a FCC licensed user of interference  to 
the frequency 154.490  MHz.  The complaint  alleged that  Caprice 
located  at  135-16   37th  Avenue,  Flushing,   NY  11354,   was 
responsible for the interference.

     3.   On February 4,  2004, a Commission  agent conducted  an 
inspection of  Caprice and  determined that  Caprice, located  at 
135-16 37th Avenue, Flushing, NY 11354, operated mobile units  on 
a frequency of 159.950 MHz.  Caprice's base station was found  to 
be operating on  the licensed frequency  154.490 MHz.  The  agent 
advised the dispatcher on duty  that Caprice's mobile units  were 
operating on an unauthorized frequency of 159.950 MHz.  There was 
no evidence of a Commission authorization for Caprice to  operate 
mobile units on 159.950 MHz in Flushing, NY.

     4.   On February 5, 2004, Commission agents, using a  mobile 
direction finding vehicle, monitored the frequencies 154.490  MHz 
and 159.950  MHz  in  Flushing, NY,  and  again  determined  that 
Caprice, located  at  135-16  37th Avenue,  Flushing,  NY  11354, 
operated mobile units on a frequency of 159.950 MHz.  The  agents 
advised Hernan Cardenas, owner of  Caprice that the mobile  units 
were operating  on  an  unauthorized frequency  of  159.950  MHz.  
There was no evidence of  a Commission authorization for  Caprice 
to operate mobile units on 159.950 MHz in Flushing, NY.


                        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, 
and with  a valid  authorization granted  by the  Commission.   A 
review of Commission's  records showed that  Caprice was  granted 
authority under its license, WPDF849,  to operate a base  station 
and 40 mobile  units on a  frequency of 151.490  MHz, and a  base 
station and 20  mobile units  for the frequency  of 154.490  MHz.  
Agents observed mobile units operating on 159.950 MHz.

     6.   Based on the evidence before us, we find that,  Caprice 
willfully2 and repeatedly3 violated Section 1.903(a) of the Rules 
by operating mobile units  on February 4,  2004, and February  5, 
2004, on an unauthorized frequency of 159.950 MHz.  

     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  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules7, Caprice is  hereby NOTIFIED of  their APPARENT  LIABILITY 
FOR A FORFEITURE in the amount of four thousand dollars  ($4,000) 
for willful and  repeated violations of  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, Caprice 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. 200432380014 and FRN: 0005 5586 97. 

     11.  Any response  to this  NAL must  be mailed  to  Federal 
Communications Commission, New  York Office,  201 Varick  Street, 
New  York,  NY  10014,  and   MUST  INCLUDE  THE  NAL/Acct.   No. 
200432380014. 

     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  Federal   Communications 
Commission, Enforcement  Bureau, Spectrum  Enforcement  Division, 
445 12th Street, S.W.,  Washington DC 20554.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to  Caprice  Car  Service  II,  135-16  37th   Avenue, 
Flushing, NY 11354.  

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office





Attachment A - FCC 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).

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).
6
 47 U.S.C.  503(b)

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.