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


In the Matter of                 )
                                 )
Bee Taxi Corporation             )           File No. EB-04-NY-240
                                 )
New Rochelle, NY                 )      NAL/Acct. No. 200532380004
                                 )
                                 )              FRN  00011 6328 90



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  April 19, 
                                                             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 Bee Taxi Corporation (``Bee Taxi'') in 
 New Rochelle, NY, apparently willfully and repeatedly violated 
 Section 301 of the Communications Act of 1934, as amended 
 ("Act"),1 by operating unlicensed radio transmitting equipment 
 on the frequencies 155.970 MHz and 155.190 MHz.  We conclude, 
 pursuant to Section 503(b) of the Act,2 that Bee Taxi is 
 apparently liable for a forfeiture in the amount of ten 
 thousand dollars ($10,000).

II.  BACKGROUND

      2.  On September 7, 2004, the FCC New York Office received 
 a complaint from a FCC licensed user in the Public Safety Radio 
 Pool regarding interference to its assigned operating frequency 
 of 155.970 MHz.  The licensed user stated in the complaint that 
 a taxi company operating in the vicinity of Spring Valley, NY 
 had been causing interference over the past several months.
 
      3.  On September 15, 2004, a Commission agent, using a 
 mobile direction-finding vehicle, monitored the frequency 
 155.970 MHz in Westchester County, New York, and positively 
 located the source of the transmissions to Bee Taxi, 304 
 Huguenot Street, New Rochelle, NY 10801.  The agent observed 
 transmissions on the frequency 155.970 MHz from Bee Taxi's base 
 station.  The agent also observed transmissions on the 
 frequency 155.190 MHz from mobile transmitters used by Bee 
 Taxi's drivers.

      4.  The agent conducted an inspection with Bee Taxi's 
 owner, Domingo Vazquez, and confirmed that Bee Taxi was 
 operating a base station and mobile units on frequencies 
 155.970 MHz and 155.190 MHz.  There was no evidence in FCC 
 databases of a Commission authorization for this operation in 
 New Rochelle, NY. 

      5.  On September 16, 2004, the New York Office sent a 
 Warning Letter, First Class Mail, and Certified Mail Return 
 Receipt Requested, to Bee Taxi for unlicensed operation on the 
 frequencies 155.970 MHz and 155.190 MHz.  On September 22, 
 2004, the U.S. Postal Service returned the Certified Mail 
 Return Receipt to the New York Office, which showed that Bee 
 Taxi signed for the Warning Letter on September 20, 2004.

      6.  On September 23, 2004, a Commission agent, using a 
 mobile direction-finding vehicle monitored the frequency 
 155.970 MHz in New Rochelle, NY and positively located the 
 source of the transmissions to Bee Taxi, 304 Huguenot Street, 
 New Rochelle, NY 10801.  The agent observed transmissions on 
 the frequency 155.970 MHz from Bee Taxi's base station.  The 
 agent also observed transmissions on the frequency 155.190 MHz 
 from mobile transmitters used by Bee Taxi's drivers.  There was 
 no evidence in FCC databases of a Commission authorization for 
 this operation in New Rochelle, NY.

      7.  On October 4, 2004 the New York Office received a 
 letter from Empire Communications 2 Way Radio Service, 235 
 Willow Street, Yonkers, NY 10701, stating that Bee Taxi 
 relinquished use of the frequencies 155.970 MHz and 155.190 
 MHz.

III.      DISCUSSION

      8.  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 

      9.  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.  On 
 September 15, 2004, Commission agents determined that Bee Taxi 
 operated a base station on 155.970 MHz and mobile units on 
 155.190 MHz in New Rochelle, NY.  A review of the FCC's records 
 showed no evidence of a Commission authorization to operate on 
 these frequencies in New Rochelle, NY.  On September 23, 2004, 
 notwithstanding Bee Taxi's receipt of the warning letter on 
 September 20, 2004, Commission agents determined that Bee Taxi 
 continued to operate a base station and mobile units without an 
 FCC license.

      10.      Based on the evidence before us, we find Bee Taxi 
 apparently willfully and repeatedly violated Section 301 of the 
 Act by operating radio transmission equipment on 155.970 MHz 
 and 155.190 MHz on September 15, and September 23, 2004 without 
 a Commission authorization.  

      11.      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 operation without an instrument of authorization is 
 $10,000.5  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 to the 
 instant case, we conclude that Bee Taxi is apparently liable 
 for a $10,000 forfeiture.
  
IV.  ORDERING CLAUSES

      12.      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, 
 Bee Taxi Corporation, is hereby NOTIFIED of this APPARENT 
 LIABILITY FOR A FORFEITURE in the amount of ten thousand 
 dollars ($10,000) for violations of Section 301 of the Act.7

      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 for 
 Forfeiture, Bee Taxi Corporation, 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 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.

      15.      The response, if any, must be mailed to Federal 
 Communications Commission, New York Office, 201 Varick Street, 
 Suite 1151, New York, NY 10014 and must include the NAL/Acct. 
 No. referenced in the caption.  

      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 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

      18.      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 Bee Taxi 
 Corporation at its address of record.


                              FEDERAL COMMUNICATIONS COMMISSION




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

147 U.S.C.  301.  
247 U.S.C.  503(b).
3 Section 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).
4 Section 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. C47 C.F.R.  0.111, 0.311, 1.80.
8See 47 C.F.R.  1.1914.