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

                                )
In the Matter of                )
                                )
Cibao Express - Car & Limo      )      File Number: EB-05-NY-199
Inc.                            )
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, 
Enforcement Bureau:

I.   INTRODUCTION

      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).

II.  BACKGROUND

      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 
 the interference.

      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 
 MHz. 

      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.

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.4

      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-
 band operation.

      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 
 the Rules.7

      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 
 forfeiture.

      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
                              District Director 
                              New York Office
                              Northeast Region
                              Enforcement Bureau


_________________________

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.