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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
) File Number: EB-09-LA-0094
) NAL/Acct. No. 201032900003
Licensee of Station WQKA311
) FRN: 0018543215
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 27, 2010
By the District Director, Los Angeles Office, Western Region, Enforcement
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).
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.
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
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
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
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
Los Angeles Office
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.
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Federal Communications Commission
Federal Communications Commission