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

In the Matter of                        )         
                              ) 
All American Citywide Rainbow Transit, Inc.       )    File  No.: 
EB-02-NY-128 
                              )    NAL/Acct. No. 200332380001
WNLH895                       )    FRN 0007-5630-75
Long Island City, New York                             )


                        FORFEITURE ORDER

Adopted:  January 20, 2004                        Released:  
January 22, 2004

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture in  the amount  of three  thousand 
          two hundred dollars  ($3,200) to All American  Citywide 
          Rainbow  Transit,  Inc. (``Citywide''),  a  school  bus 
          operator,  for   willful  and  repeated  violation   of 
          Section   90.403(a)(2)  of   the   Commission's   Rules 
          (``Rules'').1  Citywide  is authorized under call  sign 
          WNLH895 to operate radio transmitting equipment on  the 
          frequency of  155.235 MHz, at  11-08 30th Avenue,  Long 
          Island City,  New York.  The  noted violation  involves 
          Citywide's  failure   to  operate  radio   transmitting 
          equipment in a  permissible manner by operating on  the 
          unauthorized frequency of 155.265 MHz.

     2.   On October  8,  2002,  the  District  Director  of  the 
Commission's New  York,  New  York,   Field  Office  (``New  York 
Office'') issued a  Notice of Apparent  Liability for  Forfeiture 
(``NAL'') in the amount of $4,000 to Citywide.2  Citywide filed a 
response to the NAL dated October 23, 2002.

                         II.  BACKGROUND

     3.   On June  28,  2002,  the New  York  Office  received  a 
complaint about interference on  frequency 155.265 MHz.  On  July 
8, 2002, agents from the New York Office observed an  interfering 
signal on 155.265 MHZ.   Using direction finding techniques,  the 
agents traced the source  of the interference  on 155.265 MHz  to 
transmitters located at  4-05 26th Avenue, Long Island City,  New 
York, and 11-08 30th Avenue,  Long Island City, New York.   After 
returning to the office the agents determined from the FCC's data 
base that  there is  no  authorization to  operate a  station  on 
155.265 MHz in Long Island City, New York.

     4.   On July 16,  2002, the  agents again  observed a  radio 
signal on  155.265 MHz  and identified  the source  as 4-05  26th 
Avenue, Long Island City, New York.  The agents then conducted an 
inspection  of the station at  that location and determined  that 
Citywide operated  that  station  and that  it  was  licensed  to 
operate radio station WNLH895 on 155.235 MHz.

     5.   On October 8, 2002, the  New York Office issued an  NAL 
in the amount of $4,000  to Citywide.  In its response,  Citywide 
states that, when  it moved its  station to a  new location,  its 
transmitter was incorrectly installed on the wrong frequency  and 
that  this   problem   has  been   corrected.    Citywide   seeks 
cancellation or reduction of the proposed monetary forfeiture and 
asserts that it has a history of compliance.

                      III.      DISCUSSION

     6.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended  (``Act''),3 Section 1.80 of the  Rules,4 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines, 12 FCC Rcd  17087 (1997), recon.  denied, 15 FCC  Rcd 
303  (1999)  (``Policy  Statement'').   In  examining  Citywide's 
response, Section 503(b) of the Act requires that the  Commission 
take into account the  nature, circumstances, extent and  gravity 
of the violation and, with respect to the violator, the degree of 
culpability, any history of prior  offenses, ability to pay,  and 
other such matters as justice may require.5

     7.   Section 90.403(a)(2) of the Rules requires licensees of 
radio stations  in  the private  land  mobile radio  services  to 
``exercise such direction and control  as is necessary to  assure 
that all authorized facilities are employed only in a permissible 
manner.''   The  FCC   agent's  investigation  establishes   that 
Citywide operated transmitters located at  4-05 26th Avenue, Long 
Island City, New York, and  11-08 30th Avenue, Long Island  City, 
New  York,  on  an  unauthorized  frequency  (155.265  MHZ)  and, 
therefore, failed to exercise the direction and control necessary 
to assure that its facilities were employed only in a permissible 
manner.  Based  on the  facts before  us, we  find that  Citywide 
willfully6 and repeatedly7 violated Section 90.403(a) (2) of  the 
Rules.

     8.   No mitigation is warranted  on the basis of  Citywide's 
correction of the violation.  As the Commission stated in Seawest 
Yacht Brokers, 9 FCC Rcd  6099, 6099 (1994), ``corrective  action 
taken to come into compliance with Commission rules or policy  is 
expected, and does not nullify or mitigate any prior  forfeitures 
or violations.''8

     9.   We do, however,  find that  Citywide has  a history  of 
overall compliance and, accordingly, reduce the forfeiture amount 
to $3,200.

     10.  We  have  examined  Citywide's  response  to  the   NAL 
pursuant to the statutory factors above, and in conjunction  with 
the Policy Statement  as well.   As a  result of  our review,  we 
conclude that Citywide willfully and repeatedly violated  Section 
90.403(a)(2) of the Rules and we find that, although cancellation 
of the proposed monetary  forfeiture is not warranted,  reduction 
of the forfeiture amount to $3,200 is appropriate.

     11.  The agents'  investigation and  Citywide's response  to 
the NAL indicate  that WNLH895 has  a control point  and a  fixed 
transmitter site at 4-05 26th Avenue, Long Island City, New York.  
However, the  Commission's  license  records  indicate  that  the 
authorized location of WNLH's control point and fixed transmitter 
site is 11-08 30th Avenue, Long Island City, New York.  Operation 
of a  radio  station  from  a  location  not  authorized  by  the 
station's  license   is  prohibited   by  Section   301  of   the 
Communications Act of 1934,  as amended (``Act''),9 and  Sections 
1.903(a) 10 and 90.432(a)(2) of the Rules.  Accordingly, we  will 
require, pursuant to Section 308(b)  of the Act,11 that  Citywide 
report to the Enforcement Bureau  within thirty (30) days of  the 
release of this Order whether  WNLH895's control point and  fixed 
transmitter site are  at their  authorized location.   Citywide's 
report must be submitted in the form of an affidavit signed by an 
officer or director of the licensee.  If Citywide fails to submit 
such a report or we find that Citywide is still operating from an 
unauthorized  location,  we  will  consider  further  appropriate 
enforcement action.
     
                        IV.   ORDERING CLAUSES

     12.  ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,12 and Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Rules,13  All  American  Citywide Rainbow  Transit,  Inc.  IS 
LIABLE FOR A  MONETARY FORFEITURE   in the amount  of $3,200  for 
willfully and repeatedly  violating Section  90.403(a)(2) of  the 
Rules. 

     13.  IT IS ALSO ORDERED that, pursuant Section 308(b) of the 
Act, Citywide must submit the  report described in Paragraph  11, 
above, within 30 days from the release of this Order, to  Federal 
Communications   Commission,    Enforcement   Bureau,    Spectrum 
Enforcement Division,  445  12th  Street,  S.W.,  Room  7-A  820, 
Washington, D.C.  20554

     14.  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.14  
Payment shall 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  note 
NAL/Acct. No. 200332380001, and  FRN 0007-5630-75.  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. 20554.15


     15.       IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested,  to  All American  Citywide  Rainbow  Transit, 
Inc., 11-08 30th Avenue, Long Island City, New York 11102.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R.  90.403(a)(2).

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200332380001 (Enf.  Bur., New  York Office,  released October  8, 
2002).

     3 47 U.S.C.  503(b).

     4 47 C.F.R.  1.80.

     5 47 U.S.C.  503(b)(2)(D).

     6 Section 312(f)(1) of the Act, 47 U.S.C.  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,' 
... 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).

     7 Citywide operated on an unauthorized frequency on June  28 
and July  16, 2002.   As provided  by 47  U.S.C.   312(f)(2),  a 
violation which  occurs  more  than once  is  ``repeated.''   The 
Conference Report for Section  312(f)(2) indicates that  Congress 
intended to apply this  definition to Section 503  of the Act  as 
well as  Section 312.   See  H.R. Rep.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Co., 6 FCC Rcd 4387 
(1991).

     8 See  also Callais  Cablevision, Inc.,  17 FCC  Rcd  22626, 
22629 (2002);  Radio  Station KGVL,  Inc.,  42 FCC  2d  258,  259 
(1973); and  Executive  Broadcasting Corp.,  3  FCC 2d  699,  700 
(1966).

     9 47 U.S.C.  301

     10 47 C.F.R.  1.903(a)

     11 47 U.S.C.  308(b)

     12 47 U.S.C.  503(b).

     13 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     14 47 U.S.C.  504(a).

     15 See 47 C.F.R.  1.1914.