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 Lakewood Transportation, LLC Lakewood, New Jersey ) ) ) )
) ) ) File No.: EB-FIELDNER-13-00007073 NAL/Acct. No.: 201432400001 FRN:
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: November 12, 2013 Released: November 12, 2013
By the District Director, Philadelphia Office, Northeast Region,
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that Lakewood Transportation, LLC (Lakewood), Lakewood, New Jersey,
apparently willfully and repeatedly violated Section 301 of the
Communications Act of 1934 (Act) and Section 1.903(a)-(b) of
Commission's rules (Rules)^ by operating radio communications
equipment on an unauthorized frequency. We conclude that Lakewood is
apparently liable for a forfeiture in the amount of six thousand
2. On April 14, 2011, agents of the Enforcement Bureau's Philadelphia
Office (Philadelphia Office) inspected radio transmitting equipment
operated by Lakewood at 111 Clifton Avenue, Unit 5, Lakewood, New
Jersey (Lakewood Business Office). Lakewood operates a taxicab
business and the radio transmitting equipment was used for dispatching
taxicabs. The agents found that Lakewood was operating the radio
transmitting equipment on the frequency 159.675 MHz without a license.
On April 18, 2011, the Philadelphia Office issued a Notice of
Unlicensed Operation (NOUO) to Lakewood for operating on 159.675 MHz
without a license.^
3. On May 19, 2011, the Philadelphia Office received a response to the
NOUO from Clasene Joseph, the sole owner of Lakewood, stating that he
had applied for a license to operate a Private Land Mobile Radio
Station for Lakewood's radio dispatch service.^ On June 20, 2011, the
Commission issued a Private Land Mobile Radio Station license (Call
Sign WQNW564) authorizing Mr. Joseph to operate radio transmitting
equipment on the frequency 160.0575 MHz in Lakewood, New Jersey. No
further enforcement action was taken against Mr. Joseph or Lakewood
with regard to the unlicensed operation on 159.675 MHz.
4. On March 1, 2013, in response to a complaint of unauthorized
transmissions on 159.675 MHz in the Lakewood, New Jersey area, agents
monitored transmissions on the frequency 159.675 MHz and, using radio
direction finding techniques, determined that the transmissions were
emanating from the Lakewood Business Office. The agents inspected the
radio transmitting equipment at the Lakewood Business Office in the
presence of Lakewood's dispatcher and confirmed that Lakewood was
operating its dispatch service, which included a base station and
mobile radios, on the frequency 159.675 MHz. The agent checked the FCC
database and confirmed that neither Lakewood nor its owner, Clasene
Joseph, has a license to operate on 159.675 MHz. Before the agents
departed the Lakewood Business Office, the dispatch service was
reprogrammed to operate on 160.0575 MHz, the frequency authorized
under Mr. Joseph's license for Station WQNW564.
5. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty.^ Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law.^ The legislative
history to Section 312(f)(1) of the Act clarifies that this definition
of willful applies to both Sections 312 and 503(b) of the Act,^ and
the Commission has so interpreted the term in the Section 503(b)
context.^ The Commission may also assess a forfeiture for violations
that are merely repeated, and not willful.^ The term "repeated" means
the commission or omission of such act more than once or for more than
A. Operation on an Unauthorized Frequency
6. The evidence in this case is sufficient to establish that Lakewood
violated Section 301 of the Act and Section 1.903(a)-(b) of the Rules.
Section 301 of the Act states that no person shall use or operate any
apparatus for the transmission of energy or communications or signals
by radio within the United States, except under and in accordance with
the Act and with a license issued by the Commission.^ Section
1.903(a) of the Rules requires that stations in the Wireless Radio
Services must be used and operated only in accordance with the rules
applicable to their particular service and with a valid authorization
granted by the Commission.^ In addition, Section 1.903(b) provides
that the holding of an authorization does not create any rights beyond
the terms, conditions, and period specified in the authorization.^
During the inspection on March 1, 2013, agents found that Lakewood
operated its base station and mobile units on the frequency 159.675
MHz without a license. The license for Station WQNW564 that Mr. Joseph
obtained for Lakewood's dispatch service only authorized operation on
the frequency 160.0575 MHz. Therefore, based on the evidence before
us, we find that Lakewood apparently willfully and repeatedly violated
Section 301 of the Act and Section 1.903(a)-(b) of the Rules by
operating its radio transmitting equipment on an unauthorized
B. Proposed Forfeiture Amount
7. Pursuant to the Commission's Forfeiture Policy Statement and Section
1.80 of the Rules, the base forfeiture amount for using an
unauthorized frequency is $4,000.^ In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in Section 503(b)(2)(E) of the Act, which include
the nature, circumstances, extent, and gravity of the violations, 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.^ Consequently, the base forfeiture amount is subject to
adjustment. Lakewood was aware that it was permitted to operate only
on an authorized frequency, as evidenced by the NOUO issued on April
18, 2011 and Lakewood's subsequent application for a license to
operate on the frequency 160.0575 MHz. Thus, we find that an upward
adjustment to the forfeiture amount of $2,000 is warranted.^ Applying
the Forfeiture Policy Statement, Section 1.80 of the Rules, and the
statutory factors to the instant case, we conclude that Lakewood is
apparently liable for a forfeiture in the amount of $6,000.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314, and 1.80 of the Commission's rules, Lakewood
Transportation, LLC, is hereby NOTIFIED of this APPARENT LIABILITY FOR
A FORFEITURE in the amount of six thousand dollars ($6,000) for
violations of Section 301 of the Act and Section 1.903(a)-(b) of the
9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, Lakewood
Transportation, LLC, SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account Number
and FRN referenced above. Lakewood Transportation, LLC, shall also
send electronic notification on the date said payment is made to
NER-Response@fcc.gov. Regardless of the form of payment, a
completed FCC Form 159 (Remittance Advice) must be submitted.^ When
completing the FCC Form 159, enter the Account Number in block number
23A (call sign/other ID) and enter the letters "FORF" in block number
24A (payment type code). Below are additional instructions you should
follow based on the form of payment you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
11. Any request to make full payment over time under an installment plan
should be sent to: Chief Financial Officer--Financial Operations,
Federal Communications Commission, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.^ If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
12. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
Sections 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
to Federal Communications Commission, Enforcement Bureau, Northeast
Region, Philadelphia Office, One Oxford Valley Building, Suite 404,
2300 East Lincoln Highway, Langhorne, Pennsylvania 19047, and include
the NAL/Acct. No. referenced in the caption. Lakewood Transportation,
LLC, also shall e-mail the written response to
NER-Response@fcc.gov. The Commission will not consider reducing or
canceling a forfeiture in response to a claim of inability to pay
unless the petitioner submits: (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
petitioner's current financial status. Any claim of inability to pay
must specifically identify the basis for the claim by reference to the
financial documentation submitted.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and first class mail to Lakewood Transportation, LLC, at
its address of record.
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
^ 47 U.S.C. S 301; 47 C.F.R. S 1.903(a)-(b).
^ See Lakewood Transportation, Notice of Unlicensed Operation (Enf. Bur.,
Philadelphia Office rel. April 18, 2011).
^ Letter from Clasene Joseph to Philadelphia Office (May 19, 2011) (on
file in EB-FIELDNER-13-00007073).
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 312(f)(1).
^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in Section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
Sections 312 and 503, and are consistent with the Commission's application
of those terms . . . .").
^ See, e.g., Application for Review of Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388, para. 5 (1991),
recons. denied, 7 FCC Rcd 3454 (1992).
^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
^ Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies
to violations for which forfeitures are assessed under Section 503(b) of
the Act, provides that "[t]he term `repeated', when used with reference to
the commission or omission of any act, means the commission or omission of
such act more than once or, if such commission or omission is continuous,
for more than one day." See Callais Cablevision, Inc., 16 FCC Rcd at
1362, para. 9.
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 1.903(a).
^ 47 C.F.R. S 1.903(b).
^ The Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.
^ 47 U.S.C. S 503(b)(2)(E).
^ See, e.g., Pacific Spanish Network, Inc., Notice of Apparent Liability
for Forfeiture, 26 FCC Rcd 2170 (Enf. Bur. 2011) (proposing $4,000 base
forfeiture amount and upward adjustment of $2,000 where licensee's
knowledge of unauthorized operation was evidenced by a warning letter and
two license applications).
^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80,
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
^ 47 C.F.R. SS 1.16, 1.80(f)(3).
(...continued from previous page)
Federal Communications Commission DA 13-2154
Federal Communications Commission DA 13-2154