Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of: )
Classic Car Service Corporation ) File Number: EB-04-
Licensee of WQAX267 and WQAA328 ) NY-215
Astoria, NY )
) NAL/Acct. No:
FRN: 0005 1512 12
Adopted: December 21, 2005 Released: December 23,
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of two thousand five hundred
dollars ($2,500) to Classic Car Service Corporation ("Classic"),
d/b/a Paisa Classic Car Service, Corp., licensee of stations
WQAX267 and WQAA328, in Astoria, NY, for willfully and repeatedly
violating Section 1.903(a) of the Commission's Rules ("Rules")1
by operating radio transmitting equipment on the unauthorized
frequency of 31.02 MHz.
2. On August 12, 2004, in response to an interference
complaint, agents of the Commission's New York Field
Office (``New York Office'') monitored the frequencies
31.02 MHz and 160.155 MHz and, using mobile direction-
finding equipment, determined that the transmissions
were coming from Classic, located at 38-12 Astoria Blvd,
Astoria, NY 11104.
3. The agents conducted a station inspection with the
owner of Classic, Marcelo Rodriguez, and confirmed that
there were base stations and mobile units operating on
the frequencies 31.02 MHz and 160.155 MHz. A review of
the Commission's database revealed that Classic has
authorization to operate a base station and mobile units
on 160.155 MHz under license WPTN612. Classic also has
authorization to operate a base station and mobile units
on 30.96 MHz pursuant to license WQAX267. The agents
determined, however, that the license to operate on the
frequency 31.02 MHz, which was held by New Paisa Car
Service, Inc., expired March 26, 2003. A Commission
agent gave Mr. Rodriguez an oral warning that the base
station and mobile units operating on 31.02 MHz did not
have a valid Commission authorization.2
4. On August 18, 2004, and August 23, 2004, a Commission
agent, using a mobile direction-finding vehicle,
monitored the frequency, 31.02 MHz, and again observed
transmissions coming from Classic Car Service
Corporation, located at 38-12 Astoria Blvd, Astoria, NY
5. On August 25, 2004, the New York Office sent a Notice
of Violation to Classic for operation on the
unauthorized frequency 31.02 MHz, in violation of
Section 1.903(a) of the Rules. The Notice of Violation
was sent via certified mail and the New York Office
received the certified return receipt indicating that
the Notice was received and signed for on August 26,
6. On September 13, 2004, a Commission agent, using mobile
direction-finding equipment, monitored the frequency
31.02 MHz and again observed transmissions coming from
Classic Car Service Corporation, located at 38-12
Astoria Blvd, Astoria, NY 11104.
7. On September 15, 2004, the New York Office received a
response to the Notice of Violation, via facsimile,
stating that Classic had made all the necessary
adjustments and that it no longer was operating on the
frequency 31.02 MHz.3 On November 2, 2004, a Commission
agent conducted a station inspection with Mr. Rodriguez
and confirmed that there no longer were any base
stations or mobile units operating on the frequency
8. On March 17, 2005, the New York Office released a
Notice of Apparent Liability for Forfeiture (``NAL'')
proposing a forfeiture in the amount of four thousand
dollars ($4,000) to Classic for violating Section
1.903(a) of the Rules by operating radio transmitting
equipment on the unauthorized frequency of 31.02 MHz.4
Classic filed a response to the NAL on April 13, 2005.
9. The forfeiture amount in this case was proposed in
accordance with Section 503(b) of the Communications Act
of 1934, as amended (``Act''),5 Section 1.80 of the
Rules,6 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 Classic'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 such other matters as justice may
10. Section 1.903(a) of the Rules requires that
stations in the Wireless Radio Services be used and
operated only with a valid authorization granted by the
Commission. Classic does not deny that it operated on
the frequency 31.02 MHz without a valid authorization.
Classic seeks a reduction, however, based on its history
of overall compliance with the Commission's Rules, the
immediacy of its remedial efforts, and its inability to
11. We do not agree with Classic that it is entitled
to a reduction because it ``has always abided by [the
Commission's] rules and regulations.'' On August 12,
2004, agents of the New York Office determined that
Classic was operating without a valid license on 31.02
MHz in Astoria, New York. On that same day, agents
conducted an inspection of the station and warned
Classic of the unauthorized operation. Notwithstanding
the oral warning, agents determined on two more
occasions that Classic continued to operate on 31.02
MHz. Moreover, a review of the Commission's database
reveals that, on April 14, 2004, the New York Office
issued an NOV to Classic for violating Section 1.903(a)
of the Rules by operating station WPTN612 with an
effective radiated power in excess of that permitted
under its license.8 We therefore conclude that Classic
is not entitled to a reduction based on a history of
12. We also decline to reduce the forfeiture based on
Classic's claim that it worked diligently to correct the
violation as soon as it received the Notice of
Violation. The Commission consistently has held that
corrective action taken to come into compliance with the
Rules is expected, and does not nullify or mitigate any
prior forfeitures or violations.9 Moreover, as
described in the preceding paragraph, Classic did not
cease operating on the unauthorized frequency until six
months after it first was warned of the unauthorized
operation by the New York Office.
13. We do find, however, that based on Classic's
demonstrated inability to pay, the proposed forfeiture
amount should be reduced to $2,500.
IV. ORDERING CLAUSES
14. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Act, and Sections 0.111, 0.311 and
1.80(f)(4) of the Rules,10 Classic Car Service
Corporation IS LIABLE FOR A MONETARY FORFEITURE in the
amount of two thousand five hundred dollars ($2,500) for
willful and repeated violation of Section 1.903(a) of
15. 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.11 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. Requests for full
payment under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445
12th Street, S.W., Room 1A625, Washington, D.C. 20554.12
16. IT IS FURTHER ORDERED that copies of this Order
shall be sent by Certified Mail Return Receipt Requested
and by First Class Mail to Classic Car Service
Corporation at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
1 47 C.F.R. § 1.903(a).
2 The New York Office previously had issued a warning letter to
Classic on April 14, 2004 for operating without a license on
3 The Notice of Apparent Liability issued on March 17, 2005 (see
infra para. 7),indicated that Classic did not respond to the
Notice of Violation issued on August 25, 2004. We have
determined that Classic responded via facsimile sent to the New
York Office on September 15, 2004.
4Classic Car Service, Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 200532380003 (Enf. Bur., New York
Office, released March 17, 2005).
547 U.S.C. § 503(b).
647 C.F.R. § 1.80.
747 U.S.C. § 503(b)(2)(D).
8Classic Car Service, Notice of Violation, File No. EB-04-NY-073,
NOV No. V20043238009 (rel. April 14, 2004).
9See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099
1047 C.F.R. §§ 0.111, 0.311, 0.180(f)(4).
1147 U.S.C. § 504(a).
12See 47 C.F.R. § 1.1914.