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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
                                )
Alpha Ambulance, Inc.           )    File No. EB-02-SJ-031
                                )    NAL/Acct. No. 200232680007
San Juan, Puerto Rico           )    FRN 0005-9491-93
                                )    
                                   

                  MEMORANDUM OPINION AND ORDER 

Adopted:  May 12, 2003                  Released:  May 14, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

1.        In this Memorandum  Opinion and  Order (``Order''),  we 
  deny  a petition  for reconsideration  of a  Forfeiture  Order1 
  issued  in this  proceeding.   The Forfeiture  Order  issued  a 
  $10,000  forfeiture to  Alpha Ambulance,  Inc. (``Alpha'')  for 
  operating  radio  transmission  equipment  without   Commission 
  authorization  in  willful violation  of  Section  301  of  the 
  Communications Act of 1934, as amended, (``Act'')2 and  Section 
  1.903(a) of the Commission's Rules (``Rules'').3  

                         II.  BACKGROUND

2.        On April 23, 2002, the  San Juan Office received,  from 
  the Commonwealth of  Puerto Rico Medical Emergency Services,  a 
  complaint  of   interference  affecting   the  frequency   pair 
  463.100/468.100  MHz.    The  Commission  has  assigned   these 
  frequencies  to the  Public Safety  Radio Pool  and  authorized 
  their   use   solely   for   communications   between   medical 
  facilities,  vehicles  and personnel  involving  treatment  and 
  transport of patients  in the rendition or delivery of  medical 
  services.4   The  complaint  alleged  that  Alpha  was  causing 
  interference  to  ongoing  emergency  medical   communications.  
  Commission  records  showed no  license  issued  to  Alpha  for 
  operation on these frequencies.

3.        On May 6, 2002, an agent from the San Juan Office  used 
  direction finding techniques  to locate radio transmissions  on 
  the  frequency 468.100  MHz.   The agent  determined  that  the 
  source of the  transmissions on this frequency was a  one-story 
  building  located  at  1720  Eduardo  Conde  Avenue.   A   sign 
  identified  the building  as the  business offices  of  ``Alpha 
  Ambulance.''   Using direction  finding techniques,  the  agent 
  also determined  that Alpha's ambulances  were transmitting  on 
  the 463.100/468.100 MHz frequency pair.

4.        On May 7, 2002, the agent went to the offices of  Alpha 
  and interviewed Ms. Milagros Montero.  Ms. Montero stated  that 
  she  and her  daughter  owned  Alpha and  admitted  that  Alpha 
  operated radio  transmission equipment  on the  463.100/468.100 
  MHz  frequency pair.   When  the agent  asked  to see  the  FCC 
  license for the radio  station, Ms. Montero provided a copy  of 
  a license issued  to First Aid Ambulance, Inc. (``First  Aid'') 
  for the frequency pair 463.100/468.100 MHz, call sign  KNIG648, 
  which had  expired on April 8,  2001.  Ms. Montero stated  that 
  First Aid had been owned by her ex-husband, his mother and  his 
  sister, that  First Aid  had dissolved about  three years  ago, 
  and  that Alpha  had operated  the radio  equipment since  that 
  time.  Ms. Montero was unable to produce any authorization  for 
  Alpha to operate on the frequency pair 463.100/468.100 MHz.  

5.        On June 21, 2002, the San Juan Office issued an NAL  to 
  Alpha   for   a  $10,000   forfeiture   for   operating   radio 
  transmitting  equipment  without  Commission  authorization  in 
  willful  violation  of  Section 301  of  the  Act  and  Section 
  1.903(a) of the Rules.   In its July 16, 2002, response to  the 
  NAL,  Alpha  did  not  deny  the  violation.   However,   Alpha 
  asserted  that it  cannot afford  to pay  the proposed  $10,000 
  forfeiture and  submitted tax returns for  1998, 1999 and  2000 
  and a balance sheet for 2001 in support of this assertion.

6.        On December 23, 2002, the Enforcement Bureau released a 
  Forfeiture Order issuing a $10,000 forfeiture to Alpha.   After 
  considering the  financial information submitted  by Alpha,  we 
  concluded that its  gross revenues are sufficient to enable  it 
  to   pay  a   $10,000  forfeiture.5    In  its   petition   for 
  reconsideration of  the Forfeiture Order  filed on January  22, 
  2003, Alpha  repeats its claim that  payment of the  forfeiture 
  would impose  a financial hardship on  it and requests that  we 
  cancel or reduce the  forfeiture or create a payment plan  that 
  suits its needs.

                      III.      DISCUSSION

7.        Alpha has presented no new evidence or information that 
  would persuade us to reconsider our decision in the  Forfeiture 
  Order to  impose the  $10,000 forfeiture.  As  we concluded  in 
  the Forfeiture  Order, the financial  information submitted  by 
  Alpha does  not provide a basis  for reduction or  cancellation 
  of  the  forfeiture.    The  $10,000  forfeiture  is  a   small 
  percentage of Alpha's  gross revenues, which have increased  in 
  each of the  last three years.6  However, as explicitly  stated 
  in the Forfeiture Order  and set forth below, Alpha may  submit 
  a  request  for  full  payment  of  the  forfeiture  under   an 
  installment plan.  



                      IV.  ORDERING CLAUSES

8.        Accordingly, IT IS  ORDERED that,  pursuant to  Section 
  405 of the Act,  and Sections 0.111, 0.311 and 1.106(j) of  the 
  Rules,7 the petition  for reconsideration filed on January  22, 
  2003 by Alpha Ambulance, Inc. IS DENIED.

9.        Payment of the forfeiture shall  be made in the  manner 
  provided for  in Section 1.80  of the Rules  within 30 days  of 
  the  release of  this Order.   If the  forfeiture is  not  paid 
  within the  period specified, the case  may be referred to  the 
  Department  of  Justice  for  collection  pursuant  to  Section 
  504(a) of the Act.8  Payment may be made by mailing a check  or 
  similar  instrument,  payable  to  the  order  of  the  Federal 
  Communications  Commission,   to  the  Federal   Communications 
  Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.   The 
  payment  should reference  NAL/Acct. No.  200232680007 and  FRN 
  0005-9491-93.  Requests for  full payment under an  installment 
  plan  should  be  sent  to:   Chief,  Revenue  and  Receivables 
  Operations  Group,  445 12th  Street,  S.W.,  Washington,  D.C. 
  20554.9

10.       IT IS FURTHER ORDERED that  a copy of this Order  shall 
  be sent by first class  mail and certified mail return  receipt 
  requested to Alpha  Ambulance, Inc., P.O. Box 19313,  Fernandez 
  Juncos Station, Santurce, Puerto Rico 00910.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

  1 Alpha Ambulance, Inc., 17 FCC Rcd 26105 (Enf. Bur. 2002).

  2 47 U.S.C.  301.  

  3 47 C.F.R.  1.903(a).

  4 See 47 C.F.R.  90.20(c)(3) and (d)(76).

  5 The  Commission has  repeatedly held that  a company's  gross 
revenues  are  the  best  indicator  of  its  ability  to  pay  a 
forfeiture.  See Long  Distance Direct,  Inc., 15  FCC Rcd  3297, 
3305 (2000);  PJB Communications  of Virginia,  Inc., 7  FCC  Rcd 
2088, 2089 (1991) (``PJB Communications'').

  6 See  PJB Communications, 7  FCC Rcd at  2089 (forfeiture  not 
deemed excessive where it represented approximately 2.02  percent 
of  the   violator's   gross  revenues);   Hoosier   Broadcasting 
Corporation, 15 FCC Rcd 8640,  8641 (Enf. Bur. 2002)  (forfeiture 
not deemed  excessive  where  it  represented  approximately  7.6 
percent of the violator's  gross revenues); Afton  Communications 
Corp., 7  FCC Rcd  6741  (Com. Car.  Bur. 1992)  (forfeiture  not 
deemed excessive where it  represented approximately 3.9  percent 
of the violator's gross revenues).

  7 47 C.F.R.  0.111, 0.311, 1.106(j).

  8 47 U.S.C.  504(a).

  9 See 47 C.F.R.  1.1914.