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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
File Number: EB-06-NY-049
Mexicana Corp )
NAL/Acct. No: 200732380007
Licensee of WPIY498 )
FRN: 0011 0104 10
Yonkers, NY )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 20, 2007
By the District Director, New York Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Mexicana Corp ("Mexicana"), licensee of private land mobile
station WPIY498, in Yonkers, NY, apparently willfully and repeatedly
violated Section 1.903(a) of the Commission's Rules ("Rules") by
operating mobile units on an unauthorized frequency and by operating
a base station at an unauthorized location. We conclude, pursuant to
Section 503(b) of the Communications Act of 1934, as amended ("Act"),
that Mexicana is apparently liable for a forfeiture in the amount of
eight thousand dollars ($8,000).
2. On March 3, 2006, the Commission's New York Office received a
telephone complaint from the Harrison, New York Police Department
regarding interference to the input of their repeater on frequency
153.815 MHz. A service technician from the Harrison Police Department
reported that, based on his investigation, the interference on 153.815
MHz was the same as transmissions monitored on Mexicana's fixed base
frequency 153.395 MHz.
3. On March 3, 2006, agents in the New York Office conducted a station
inspection with the owner of Mexicana at 226 New Main Street, Yonkers,
NY, the address identified on its license as the location of its fixed
base station. Agents determined that there were no transmitters
operating on 153.395 MHz at this location. During the inspection,
agents also found a handheld radio operating on 157.9055 MHz and a
mobile station in one of Mexicana's taxi cabs operating on 157.9050
MHz. The station owner could not produce a current license for 157.905
MHz and stated that the transmitter that operated on 153.395 MHz was
at a different location. The owner then led agents to 114 High Street,
4. Agents conducted a station inspection at 114 High Street, Yonkers, NY
and found the transmitter that operated on 153.3948 MHz. The current
license produced by the station owner showed that the only licensed
location for frequency 153.395 MHz was 226 New Main Street, Yonkers,
NY. Agents warned the station owner about transmitting from an
unauthorized base location and on the unauthorized mobile frequency of
157.905 MHz that agents found at 226 New Main Street, Yonkers, NY. The
owner assured agents he would modify his license before using the
unauthorized location and frequency.
5. On March 10, March 13, and March 14, 2006, a Commission agent, using a
mobile direction finding vehicle, monitored the frequency 153.395 MHz
and determined that the transmissions were coming from the Mexicana
base station located at 114 High Street, Yonkers, NY. There was no
evidence of a Commission authorization for Mexicana to operate a base
station on 153.395 MHz from this location.
6. On March 10, March 13, and March 14, 2006, a Commission agent, using a
mobile direction finding vehicle, monitored 157.905 MHz and determined
that transmissions were coming from mobile units parked outside
Mexicana at 226 New Main Street, Yonkers, NY. There was no evidence of
a Commission authorization for Mexicana to operate mobile units on
7. On March 14, 2006, a Commission agent conducted an inspection of the
Mexicana transmitter located at 114 High Street, Yonkers, NY, with the
station owner. The frequency was measured at 153.395 MHz and the
transmitter output power was measured at 5 watts. The agent again
warned the station owner about transmitting from this unauthorized
location and on the unauthorized mobile station frequency of 157.905
MHz. Later that day, the agent conducted a follow-up inspection and
found that Mexicana was operating its transmitter on 153.395 MHz from
its authorized location at 226 New Main Street, Yonkers, NY. There
were no further reports of interference received from the Harrison
police department concerning Mexicana.
8. On March 31, 2006, Mexicana filed an application to change the
location of its base station to 114 High Street, Yonkers, NY.
9. 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
10. 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 March 3, 10, 13, and 14,
2006, a Commission agent determined that Mexicana was operating a base
station on 153.395 MHz at an unauthorized location and mobile units on
157.905 MHz without authorization. Notwithstanding a verbal warning
during the inspection on March 3, 2006, Mexicana continued to operate
its base station at an unauthorized location and its mobile units on
an unauthorized frequency on March 10, 13, and 14, 2006. We therefore
find that the violation was willful. Because the violation continued
for more than one day, it was repeated.
11. Based on the evidence before us, we find that Mexicana apparently
willfully and repeatedly violated Section 1.903(a) of the Rules by
operating a base station at an unauthorized location and by operating
mobile units on an unauthorized frequency of 157.905 MHz.
12. 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 operating from an unauthorized
location is $4,000. 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.
Applying the Forfeiture Policy Statement, Section 1.80, and the
statutory factors, a $8,000 forfeiture is warranted.
IV. ORDERING CLAUSES
13. 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, Mexicana Corp 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
14. 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, Mexicana Corp SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
15. 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.
16. 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
17. 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.
18. 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.
19. 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 Mexicana Corp at its address of
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York Office
47 C.F.R. S 1.903(a).
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. SS 0.111 and 0.311.
See 47 C.F.R. S 1.1914.
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Federal Communications Commission
Federal Communications Commission