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

In the Matter of                 )
                                 )
                                 )       File Number: EB-04-SD-190
International Customs Brokers,   )
Inc.                             )      NAL/Acct. No: 200532940004
Licensee of WNTT908              )
San Diego, California            )               FRN: 0012-2586-20




             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  September 
                                                         28, 2005


By the District Director, San Diego Office, Western Region, 
Enforcement Bureau:


I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that International Customs Brokers, Inc. 
 ("ICB"), licensee of station WNTT908, in San Diego, California, 
 apparently willfully and repeatedly violated Section 1.903(a) 
 of the Commission's Rules ("Rules")1 by operating microwave 
 radio transmitting equipment on an unauthorized microwave 
 channel of 21585.0 MHz.2  We conclude, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended ("Act"),3 
 that ICB is apparently liable for a forfeiture in the amount of 
 four thousand dollars ($4,000).


II.  BACKGROUND

      2.    On December 3, 2004, an agent from the Commission's 
 San Diego Office was investigating allegations that companies 
 in the Otay Mesa area of San Diego were using unauthorized 
 microwave radio stations to communicate with sister companies 
 across the U.S. - Mexico border in Tijuana, Mexico.  The agent 
 monitored and measured the transmissions of a microwave radio 
 station operated at an office occupied by International Customs 
 Brokers, Inc. at 2215 Paseo de las Americas, San Diego, 
 California.  The frequency measurement showed that this 
 microwave radio station was operating on microwave channel 
 21585.0 MHz.

      3.  The agent had a discussion with the ICB's radio 
 equipment technician and was advised that there was an 
 authorization for this microwave radio station.  The 
 authorization was WNTT908, issued to Global Manufacturing 
 Services for microwave channel 22125.0 MHz at a nearby address 
 of 9830 Siempre Viva Road, San Diego, California.  Also, there 
 was a pending application to transfer this station to ICB.4  On 
 December 21, 2004, the Commission granted ICB's request for 
 assignment and issued a license to ICB under call sign WNTT908, 
 but with the original microwave channel and station location.

      4.  The agent returned to the ICB office on February 17, 
 2005, and again measured the frequency of the microwave radio 
 station.  The measurement indicated that the station was 
 operating on microwave channel 21585.0 MHz.  On February 27, 
 2005, the San Diego Office sent a Letter of Inquiry (``LOI'') 
 to ICB concerning its unauthorized operation on microwave 
 channel 21585.0 MHz, in violation of Section 1.903(a) of the 
 Commission's Rules.  On March 10, 2005, the manager of ICB 
 visited the FCC's San Diego Office to discuss the LOI and he 
 was advised to submit his response in writing.   

      5.  On March 24, 2005, an agent of the Commission's San 
 Diego Office found that station WNTT908 was still operating on 
 microwave channel 21585.0 MHz.   On August 10, 2005, an agent 
 of the Commission's San Diego Office returned to the ICB office 
 and confirmed that station WNTT908 was now operating on the 
 authorized microwave channel of 22125.0 MHz. 
  

III.      DISCUSSION

      6.  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.5  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.6 

      7.  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 December 3, 2004, February 17, 2005 and March 
 24, 2005, San Diego agents determined that ICB was operating 
 microwave radio station WNTT908 on the unauthorized microwave 
 channel of 21585.0 MHz.  Agents made ICB aware that its station 
 was operating on the wrong frequency and at the wrong address.  
 ICB, however, failed to make necessary corrections for several 
 months.  

      8.  ICB was aware of the licensed frequency for WNTT908 but 
 failed to operate on it.  Therefore, its violation was willful.  
 The violation occurred on more than one day, therefore, it was 
 repeated.  Based on the evidence before us, we find that ICB 
 apparently willfully and repeatedly violated Section 1.903(a) 
 of the Rules by operating a microwave radio station on an 
 unauthorized microwave channel of 21585.0 MHz.

      9.  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 $4,000.7  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.8 San Diego agents have confirmed ICB is 
 now operating on its authorized frequency.  The Commission has 
 stated in the past that a licensee is expected to correct 
 errors when they are brought to the licensee's attention and 
 that such correction is not grounds for a downward adjustment 
 in the forfeiture.9  Accordingly, applying the Forfeiture 
 Policy Statement, Section 1.80, and the statutory factors, we 
 conclude that ICB is apparently liable for a forfeiture in the 
 amount of $4,000.

      10.      We will also require ICB to file a report with the 
 District Director of the San Diego Office concerning ICB's 
 efforts to bring its microwave radio station into compliance 
 with terms of its authorization for station WNTT908.  
 Specifically, ICB must detail how it has relocated its 
 transmitter to the coordinates specified in the station 
 authorization, or how it has amended its authorization to 
 accurately reflect the location of the transmitter.


IV.  ORDERING CLAUSES

      11.      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, 
 International Customs Brokers, Inc. 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.10

      12.      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, International Customs Brokers, Inc. SHALL PAY the 
 full amount of the proposed forfeiture or SHALL FILE a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      13.      IT IS FURTHER ORDERED that International Customs 
 Brokers, Inc., SHALL FILE, within thirty (30) days of the 
 release of this Notice, a report with the District Director, 
 San Diego Office, concerning International Customs Brokers, 
 Inc.'s efforts to come into compliance with the authorization 
 for station WNTT908, as detailed above.

      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 bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.  

      15.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 San Diego Office, 4542 Ruffner Street, Suite 370, San Diego, 
 California 92111, 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.  

      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. 20554.11 

      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 
 International Customs Brokers, Inc. at its address of record.


                              FEDERAL COMMUNICATIONS COMMISSION




                              William R. Zears, Jr.
                              District Director 
                              San Diego Office
                              Western Region
                              Enforcement Bureau


_________________________

147 C.F.R.  1.903(a).
247 C.F.R.  101.147(s). 
347 U.S.C.  503(b).  
4See File No. 0001961221.
5Section 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).
6Section 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.'' 
712 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
847 U.S.C.  503(b)(2)(D).
9AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871-76 (2002).
1047 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a).
11See 47 C.F.R.  1.1914.