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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                   )                               
                                                                   
                                   )                               
     In the Matter of                                              
                                   )   File Number: EB-09-LA-0094  
     Cerritos Ford                                                 
                                   )   NAL/Acct. No. 201032900003  
     Licensee of Station WQKA311                                   
                                   )              FRN: 0018543215  
     Cerritos, California                                          
                                   )                               
                                                                   
                                   )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: January 27, 2010 

   By the District Director, Los Angeles Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Cerritos Ford, licensee of land mobile station WQKA311, in
       Cerritos, California, apparently repeatedly violated Section 1.903(a) 
       of the Commission's Rules ("Rules") by conducting voice communications
       on 467.675 MHz, a frequency not authorized by its license. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Cerritos Ford is apparently liable for
       a forfeiture in the amount of four thousand dollars ($4,000).

   II. BACKGROUND

    2. On August 7, 2009, the Enforcement Bureau's Los Angeles Office
       received a complaint stating that Cerritos Ford was operating on
       frequency 467.675 MHz, without a license.

    3. On August 27, 2009, an agent from the Los Angeles Office used mobile
       direction finding techniques to locate radio operations on 467.675 MHz
       being transmitted from Cerritos Ford's location at 18900 Studebaker
       Rd., Cerritos, California. The agent noted that Cerritos Ford was not
       authorized to be using this frequency for voice communications.

    4. On September 1, 2009, the Los Angeles agent continued to monitor and
       determined the transmissions were voice communications by employees of
       Cerritos Ford on 467.675 MHz. On that same day, the Los Angeles agent
       spoke with the Cerritos Ford Service Manager. The manager stated that
       Cerritos Ford believed that it was operating on one of the five
       frequencies authorized by its new Industrial Radio Service license
       (WQKA311). The Los Angeles agent then inspected two of the handheld
       radios being used by Cerritos Ford and determined that one of the five
       channels programmed into the radios had been programmed for 467.675
       MHz, as opposed to 467.7625 MHz, which was the frequency authorized by
       the license. The manager ensured that the operation on 467.675 MHz
       ceased at that time.

   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 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. Cerritos Ford did not hold a
       license to operate on 467.675 MHz but operated on 467.675 MHz on
       August 27, 2009, and September 1, 2009. At the time, the license held
       by Cerritos Ford was WQKA311 which authorized five different
       frequencies in the Industrial Radio Service. Based on the evidence
       before us, we find Cerritos Ford apparently repeatedly violated
       Section 1.903(a) of the Rules by operating on frequency 467.675 MHz, a
       frequency not authorized in its license.

    7. 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.
       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 Cerritos Ford  is apparently liable for a
       forfeiture of $4,000.

   IV. ORDERING CLAUSES

    8. 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, Cerritos Ford 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 Act.

    9. 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, Cerritos Ford SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Cerritos Ford will also send
       electronic notification on the date said payment is made to
       WR-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles District
       Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703, and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   12. 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.

   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 Cerritos Ford.

   FEDERAL COMMUNICATIONS COMMISSION

   Nader Haghighat

   District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

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

   On December 9, 2008, Cerritos Ford was warned by an agent of the
   Enforcement Bureau's Los Angeles Office regarding its apparent unlicensed
   operation on General Mobile Radio Service (GMRS) frequency 467.675 MHz.

   The WQKA311 license was granted to Cerritos Ford on March 3, 2009.

   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."

   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

                                       3

   Federal Communications Commission