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                           Before the
                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: 
                                )    200532380003
                                )
                                             FRN: 0005 1512 12


                        FORFEITURE ORDER

   Adopted:  December 21, 2005          Released:  December 23, 
2005

By the Regional Director, Northeast Region, Enforcement Bureau: 

I. INTRODUCTION

     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. 

II.  BACKGROUND

      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 
        11104.    

      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, 
        2004.  

      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 
        31.02 MHz.  

      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.

III.      DISCUSSION 

      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 
        require.7

      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 
        pay.

      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 
        overall compliance.

      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 
        the Rules.

      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 bycheck or money 
        order may be mailed to Federal Communications 
        Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
        Payment by overnight mail may be sent toMellon 
        Bank/LB358340,500 Ross Street, Room 1540670, 
        Pittsburgh, PA 15251. Payment by wire transfer may be 
        made to ABA Number043000261, receiving bankMellon 
        Bank, and account number911-6106.  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
                              Enforcement Bureau

_________________________

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 
31.02 MHz.
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 
(1994).
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.