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                                   Before the

                       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
   Bureau:

   I. INTRODUCTION

    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).

   II. BACKGROUND

    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,
       Yonkers, NY.

    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
       this frequency.

    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.

   III. DISCUSSION

    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
       committed knowingly.

   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
       Rules.

   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
       forfeiture.

   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
       caption.

   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
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   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.
   S1.80.

   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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission