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.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                           
                                )    File Number: EB-06-NY-047  
     Discovery Transportation                                   
                                )   NAL/Acct. No: 200732380008  
     Licensee of WQCK981                                        
                                )            FRN: 0014 6150 58  
     New York, NY                                               

                                FORFEITURE ORDER

   Adopted: January  28, 2008  Released: January 30, 2008

   By the Acting Regional Director, Northeast Region, Enforcement Bureau:


    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to Discovery
       Transportation ("Discovery") for willfully and repeatedly violating
       Section 1.903(a) of the Commission's Rules by operating radio
       transmitting equipment on the frequency 463.350 MHz from an
       unauthorized location with an antenna that exceeded the authorized

    2. On February 26, 2007, the Commission's New York Field Office issued a
       Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
       $4,000 to Discovery for operating radio transmission equipment on
       463.350 MHz from an unauthorized location with an antenna that
       exceeded the authorized height. Discovery does not dispute the
       findings in the NAL, but requests a cancellation of the forfeiture
       based on the corrective actions it took after the inspection by the
       FCC agents and the fact that the proposed forfeiture will place a
       "heavy burden" on Discovery's small business.


    3. We decline to cancel or reduce the forfeiture based on the actions
       Discovery took after the agent's inspection.  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.

    4. We likewise decline to reduce or cancel the forfeiture based on the
       alleged "heavy burden" it will place on Discovery. As noted in the
       NAL, the Commission does not consider reducing or canceling a
       forfeiture in response to a claim of inability to pay unless such
       claim is supported by: (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
       respondent's current financial status.  Despite this explicit
       direction, Discovery has provided no documentation to support its
       claim that payment of the forfeiture will be burdensome.


    5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Discovery
       Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       $4,000 for willfully and repeatedly violating Section 1.903(a) of the

    6. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (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. 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, 1A625,
       445 12th Street, S.W., Washington, D.C. 20554.

    7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by First Class Mail and Certified Mail Return Receipt Requested
       to Discovery Transportation at its address of record.


   G. Michael Moffitt

   Acting Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380008
   (Enf. Bur., New York Office, released February 26, 2007) ("NAL"). The New
   York Office also admonished Discovery in the NAL for failing to transmit
   its call sign identification at least once every fifteen minutes, as
   required by 90.425(a) of the Rules.

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994); see
   also AT&T Wireless Services, Inc., 17 FCC Rcd 21871-76 (2002).

   See NAL para. 17; See also Commission's Forfeiture Policy Statement and
   Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
   Guidelines ("Forfeiture Policy Statement"), 12 FCC Rcd 17087, 17106-07
   (1997), recon. denied, 15 FCC Rcd 3030 (1999).

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

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

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

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission DA 08-174



   Federal Communications Commission DA 08-174