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

In the Matter of                 )
                                 )
                                 )       File Number: EB-04-NY-215
Classic Car Service Corporation  )
Licensee of WQAX267 and WQAA328  )      NAL/Acct. No: 200532380003
Astoria, NY                      )
                                 )               FRN: 0005 1512 12


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  March 17, 
                                                             2005

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 Classic Car Service Corporation 
 ("Classic"), d/b/a Paisa Classic Car Service, Corp, licensee of 
 stations WQAX267 and WQAA328, in Astoria, NY, apparently 
 willfully and repeatedly violated Section 1.903(a) of the 
 Commission's Rules ("Rules")1 by operating radio transmitting 
 equipment on an unauthorized frequency of 31.02 MHz.  We 
 conclude, pursuant to Section 503(b) of the Communications Act 
 of 1934, as amended ("Act"),2 that Classic is apparently liable 
 for a forfeiture in the amount of four thousand dollars 
 ($4,000).

II.  BACKGROUND

      2.  On July 30, 2004, the New York Office received a 
 complaint of interference allegedly coming from a car service 
 in Astoria, NY.

      3.  On August 12, 2004, while investigating the 
 interference complaint, Commission agents identified 
 transmissions on 31.02 MHz and 160.155 MHz coming from a nearby 
 car service.  Agents, using a mobile direction-finding vehicle 
 monitored the frequencies 31.02 MHz and 160.155 MHz, and 
 determined that the transmissions were coming from Classic Car 
 Service, d/b/a Paisa Classic Car Service, located at 38-12 
 Astoria Blvd, Astoria, NY 11104.  

      4.  The agents conducted a station inspection with the 
 owner of the station, Marcelo Rodriguez, and confirmed that 
 there were base stations operating on the frequencies 31.02 MHz 
 and 160.155 MHz.  The agents also determined that Classic 
 operated mobile units on the frequencies 31.02 MHz and 160.155 
 MHz.  

      5.  A review of the Commission's database revealed that 
 Classic has authorization to operate a base station and mobile 
 units on 160.155 MHz under license WPTN612.  Classic also has 
 authorization to operate a base station and mobile units on 
 30.96 MHz pursuant to license WQAX267.  The agents determined, 
 however, that the license to operate on the frequency 31.02 
 MHz, which was held by New Paisa Car Service, Inc., expired 
 March 26, 2003.  A Commission agent gave Mr. Rodriguez a verbal 
 warning that the base station and mobile units were operating 
 on an unauthorized frequency of 31.02 MHz.  

      6.  On August 18, 2004, and August 23, 2004, a Commission 
 agent, using a mobile direction-finding vehicle, monitored the 
 frequency, 31.02 MHz, and again observed transmissions coming 
 from Classic Car Service, located at 38-12 Astoria Blvd, 
 Astoria, NY 11104.    

      7.  On August 25, 2004, the New York Office sent a Notice 
 of Violation to Classic for operation on an unauthorized 
 frequency of 31.02 MHz, in violation of Section 1.903(a) of the 
 Commission's Rules.  The Notice of Violation sent via certified 
 mail was returned to the New York Office by the U.S. Postal 
 Service as signed for and dated on August 26, 2004.  The New 
 York Office did not receive a reply to the Notice of Violation.   

      8.  On September 13, 2004, a Commission agent using a 
 mobile direction-finding vehicle, monitored the frequency, 
 31.02 MHz, and again observed transmissions coming from Classic 
 Car Service, located at 38-12 Astoria Blvd, Astoria, NY 11104.

      9.  On September 15, 2004, the New York Office received a 
 fax from Mr. Rodriguez stating that Classic had made all the 
 necessary adjustments and that it currently is operating on the 
 frequency 30.96 with an output power of 110 watts.   

      10.      On November 2, 2004, a Commission agent conducted 
 a station inspection with the Mr. Rodriguez, and confirmed that 
 there were base stations operating on the frequencies 30.96 MHz 
 and 160.155 MHz.  

III.      DISCUSSION

      11.                       Section 503(b) of the Act 
 provides that any person who willfully or repeatedly fails to 
 comply substantially with the terms and conditions of any 
 license, or willfully or repeatedly fails to comply with any of 
 the provisions of the Act or of any rule, regulation or order 
 issued by the Commission thereunder, shall be liable for a 
 forfeiture penalty.  The term "willful" as used in Section 
 503(b) of the Act has been interpreted to mean simply that the 
 acts or omissions are committed knowingly.3  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.4 

      12.      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.  On August 12, 2004, a Commission agent 
 determined that Classic was operating a base station and mobile 
 units on 31.02 MHz without authorization.  On that same day, 
 the agent gave Mr. Rodriguez, the owner of Classic, an oral 
 warning that he was operating on the unauthorized frequency of 
 31.02 MHz.  Notwithstanding the warning, FCC agents observed 
 Classic operating on 31.02 MHz on August 18, 2004, August 23, 
 2004, and September 13, 2004.

      13.      Based on the evidence before us, we find that 
 Classic apparently willfully and repeatedly violated Section 
 1.903(a) of the Rules by operating a base station and mobile 
 units on an unauthorized frequency of 31.02 MHz.  

      14.      Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for using an unauthorized frequency is $4,000.5  In 
 assessing the monetary forfeiture amount, we must also take 
 into account the statutory factors set forth in Section 
 503(b)(2)(D) of the Act, which include the nature, 
 circumstances, extent, and gravity of the violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.6  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, a $4,000 
 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      15.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 
 Classic Car Service is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of four thousand 
 dollars ($4,000) for violation of Section 1.903(a) of the 
 Rules.7

      16.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules, within thirty (30) days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, Classic Car Service SHALL PAY the full amount of 
 the proposed forfeiture or SHALL FILE a written statement 
 seeking reduction or cancellation of the proposed forfeiture.

      17.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.

      18.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, New York Office, 201 Varick Street, Suite 1151, New 
 York, NY 10014, within thirty (30) days from the release date 
 of this Notice of Apparent Liability for Forfeiture and must 
 include the NAL/Acct. No. referenced in the caption.  

      19.      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.  

      20.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      21.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Classic 
 Car Service at its address of record.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Daniel W. Noel
                              District Director 
                              New York Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 C.F.R.  1.903(a).
247 U.S.C.  503(b).  
3Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
747 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a).
8See 47 C.F.R.  1.1914.