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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                                
                                                                    
                                   )                                
     In the Matter of                                               
                                   )     File Number: EB-05-PA-244  
     Jose Velazquez                                                 
                                   )   NAL/Acct. No.: 200832400002  
     Licensee of Station WPUH745                                    
                                   )             FRN: 0001-84-0834  
     Philadelphia, Pennsylvania                                     
                                   )                                
                                                                    
                                   )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 31, 2007

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Jose Velazquez ("Velazquez"), the licensee of stations WPUH745
       and WQGH860 in Philadelphia, Pennsylvania, apparently willfully and
       repeatedly violated Section 1.903(a) of the Commission's Rules
       ("Rules") by operating station WPUH745 on the frequency 451.900 MHz at
       an unauthorized location. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Velazquez is
       apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. On December 11, 2006 and December 14, 2006, in response to complaints,
       an agent with the Commission's Philadelphia Office used radio
       direction finding techniques to determine that a mobile relay station
       was operating on the frequency 451.900 MHz at the Chestnut Hill
       Towers, 7600 Stenton Avenue, Philadelphia, Pennsylvania. The
       Commission's records showed that no license was issued for operation
       on the frequency 451.900 MHz at 7600 Stenton Avenue, Philadelphia,
       Pennsylvania.

    3. On December 11, 2006, the agent contacted Morgan Tower, Inc., the
       company that manages the rooftop of the Chestnut Hill Towers, to
       inquire who was operating radio transmitting equipment on the
       frequency 451.900 MHz from the building. Morgan Tower, Inc. confirmed
       that Velazquez leases space on the rooftop of the Chestnut Hill Towers
       to operate radios transmitting on three frequencies, including the
       frequency 451.900 MHz. During a telephone conversation on December 15,
       2006, Velazquez acknowledged to the agent that he operates a mobile
       relay station on the frequency 451.900 MHz at the Chestnut Hill Towers
       in Philadelphia, Pennsylvania. Velazquez said that he had recently
       relocated the 451.900 MHz radio transmitting equipment from 1176 Old
       York Road in Abington Township, Pennsylvania to the Chestnut Hill
       Towers in Philadelphia, Pennsylvania.

    4. On December 18, 2006, Velazquez provided the agent a copy of the
       license for station WPUH745 as evidence that he was authorized to
       operate radio transmitting equipment on the frequency 451.900 MHz .
       However, at the time of the investigation, the license for station
       WPUH745 authorized Velazquez to operate a mobile relay station on the
       frequency 451.900 MHz at 1176 Old York Road, Abington Township,
       Pennsylvania and 121 East 2nd Street, Moorestown, New Jersey. The
       license did not authorize Velazquez to operate the 451.900 MHz station
       at the Chestnut Hill Towers in Philadelphia, Pennsylvania. On December
       19, 2006, Velazquez filed an application with the Commission seeking
       authorization to operate a mobile relay station on the frequency
       451.900 MHz at 7600 Stenton Avenue, Philadelphia, Pennsylvania. On
       January 23, 2007, the Commission granted the application and assigned
       the station the call sign WQGH860.

   III. DISCUSSION

    5. 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) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    6. Section 1.903(a) of the Rules requires that stations in the Wireless
       Radio Service must be used and operated only in accordance with the
       rules applicable to their particular service as set forth in this
       title and with a valid authorization grated by the Commission under
       the provision of this part. On December 11, 2006 and December 14,
       2006, Velazquez operated a mobile relay station on the frequency
       451.900 MHz at the unauthorized location of 7600 Stenton Avenue,
       Philadelphia, Pennsylvania. Because Velazquez knowingly operated
       Station WPUH745 from an unauthorized location, the violation was
       willful. The unauthorized operation occurred on more than one day,
       therefore, it was repeated.

    7. Based on the evidence before us, we find that Velazquez apparently
       willfully and repeatedly violated Section 1.903(a) of the Rules by
       operating station WPUH745 on the frequency 451.900 MHz at an
       unauthorized location.

    8. 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 operating at 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)(E)
       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 to the
       instant case, we conclude that Velazquez is apparently liable for a
       ($4,000) forfeiture.

   IV. ORDERING CLAUSES

   Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
   Communications Act of 1934, as amended, and Sections 0.111, 0.311, 0.314
   and 1.80 of the Commission's Rules, Jose Velazquez is hereby NOTIFIED of
   this APPARENT LIABILITY FOR A FORFEITURE in the amount of four thousand
   dollars ($4,000) for violations of Section 1.903(a) of the Rules.

   IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Commission's
   Rules within thirty days of the release date of this Notice of Apparent
   Liability for Forfeiture, Jose Velazquez SHALL PAY the full amount of the
   proposed forfeiture or SHALL FILE a written statement seeking reduction or
   cancellation of the proposed forfeiture.

    9. 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.

   10. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Philadelphia Office,
       One Oxford Valley Building, Suite 404, 2300 East Lincoln Highway,
       Langhorne, Pennsylvania 19047 and must include the NAL/Acct. No.
       referenced in the caption.

   11. 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.

   12. 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, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   13. 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 Jose Velazquez at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

   47 U.S.C. S: 503(b).

   We note that, on January 8, 2002, the Philadelphia Office issued a Notice
   of Unlicensed Radio Operation ("NOUO") to Velazquez for unlicensed
   operation at this very same location.

   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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 1.903(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission