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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Cibao Express - Car & Limo ) File Number: EB-05-NY-199
Licensee of WPPU655 ) NAL/Acct. No: 200632380004
Elmhurst, NY )
) FRN: 0011 7495 04
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 1, 2006
By the District Director, New York Office, Northeast Region,
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Cibao Express - Car & Limo Inc. ("Cibao
Express"), licensee of private land mobile station WPPU655, in
Elmhurst, NY, apparently willfully violated Section 1.903(a) of
the Commission's Rules ("Rules")1 by operating radio
transmitting equipment on two unauthorized frequencies and
operating two transmitters with output powers in excess of the
power specified in the station license. We conclude, pursuant
to Section 503(b) of the Communications Act of 1934, as amended
("Act"),2 that Cibao Express is apparently liable for a
forfeiture in the amount of eight thousand dollars ($8,000).
2. On August 3, 2005, the Commission's New York Office
received a complaint from another private land mobile licensee
regarding interference it was receiving in Brooklyn, New York,
to its licensed frequency of 35.32 MHz. The complainant
alleged that Cibao Express in Queens, NY, was responsible for
3. On August 10, 2005, a Commission agent, using a mobile
direction finding vehicle, monitored the frequency 35.32 MHz
and determined that the transmissions were coming from Cibao
Express, located at 93-04 Corona Avenue, Elmhurst, NY 11373.
The agent conducted a station inspection of Cibao Express with
the station's manager, Faustino Muniz, and determined that
Cibao Express operated base stations on the frequencies 35.32
MHz and 151.52 MHz and mobile units on the frequencies 36.34
MHz and 151.52 MHz. A review of the Commission's database
revealed that Cibao Express has authorization under license
WPPU655 to operate one base station and 50 mobile units on
35.78 MHz and one base station and 50 mobile units on 151.52
4. During the inspection on August 10, 2005, the agent
also determined that Cibao Express operated two transmitters
with output power in excess of the power specified in its
license. Specifically, Cibao Express operated one low-band
transmitter and one mid-band transmitter, both with an output
power of 130 watts.3 Cibao Express's license specifies an
output power of 110 watts for its low-band operation and 100
watts for its mid-band operation.
5. On September 1, 2005, Cibao Express notified the agent
that its service company had just completed all necessary
modifications to its radios to ensure that they operate in
accordance with Cibao Express's FCC license.
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
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 August 10, 2005, a Commission agent determined
that Cibao Express was operating a base station on 35.32 MHz
and mobile units on 36.34 MHz without authorization. Cibao
Express does not dispute its operation on those frequencies and
notified the agent on September 1, 2005 that its radios had
been fixed in order to comply with its FCC license. During the
August 10, 2005 inspection, the agent also determined that
Cibao Express was operating with a transmitter output power of
130 watts on its low-band and mid-band transmitters. Cibao
Express's license specifies a transmitter output power limit of
110 watts for its low-band operation and 100 watts for its mid-
8. Based on the evidence before us, we find that Cibao
Express apparently willfully violated Section 1.903(a) of the
Rules by operating a base station on an unauthorized frequency
of 35.32 MHz, by operating mobile units on an unauthorized
frequency of 36.34 MHz, and by operating its low-band and mid-
band transmitters with an output power in excess of the power
specified in its station license.
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 and the
base forfeiture amount for exceeding power limits 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, an $8,000
forfeiture is warranted.
IV. ORDERING CLAUSES
10. 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,
Cibao Express - Car & Limo Inc. is hereby NOTIFIED of this
APPARENT LIABILITY FOR A FORFEITURE in the amount of eight
thousand dollars ($8,000) for violation of Section 1.903(a) of
11. 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, Cibao Express - Car & Limo Inc. SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
12. 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 Federal Communications
Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB
358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251.
Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
13. 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.
14. 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.
15. Requests for payment of the full amount of this
Notice of Apparent Liability for Forfeiture under an
installment plan should be sent to: Associate Managing
Director, Financial Operations, 1A625, 445 12th Street, S.W.,
Washington, D.C. 20554.8
16. 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 Cibao
Express - Car & Limo Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York Office
1 47 C.F.R. § 1.903(a).
2 47 U.S.C. § 503(b).
3 Low band refers to frequencies in the 30 -50 MHz range, and mid
band refers to frequencies in the 144 -170 MHz range.
4 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).
5 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999);
47 C.F.R. §1.80.
6 47 U.S.C. § 503(b)(2)(D).
7 47 C.F.R. §§ 0.111 and 0.311.
8 See 47 C.F.R. § 1.1914.