Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

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 No. EB-02-NY-160
                                )
International Car Service, Inc. )       NAL/Acct. No. 
200332380003
Brooklyn, NY                    )
                                )       FRN: 0007-4857-82


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   October   22, 
2002

By the District Director, New York Office, Enforcement Bureau:

                         I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we   find   that   International   Car   Service   Inc. 
(``International'') has apparently  violated Section  301 of  the 
Communications Act of 1934  (``Act''),1 as amended, by  operating 
unlicensed radio transmitters  on a frequency  of 33.20 MHz.   We 
conclude that  International  Car  Service,  Inc.  is  apparently 
liable for  forfeiture  in the  amount  of ten  thousand  dollars 
($10,000).

                         II.  BACKGROUND

     2.   On July  1,  2002,  Commission agents  using  a  mobile 
direction finding vehicle, monitored the frequency, 33.20 MHz  in 
Brooklyn, NY  to assess  compliance in  the Private  Land  Mobile 
Radio Services.  The agents  positively identified the source  of 
transmissions  to  International,  located  at  687  5th  Avenue, 
Brooklyn,  NY.    There  was   no   evidence  of   a   Commission 
authorization to operate this station  on 33.20 MHz in  Brooklyn, 
NY. 

     3.   On July 3, 2002, Commission agents again monitored  the 
frequency 33.20  MHz. and  positively  identified the  source  of 
transmissions to  International.   The agents  then  conducted  a 
station inspection, and International showed the agents a copy of 
their station license, call sign WPLT995, to operate only on  the 
frequency of 33.16  MHz.  The agents  advised International  that 
their  base  station  and  mobile  units  were  in  violation  by 
operating on an unauthorized frequency of 33.20 MHz.

     4.   On  July  9,  2002,  Commission  agents  monitored  the 
frequency of 33.20 MHz and positively identified transmissions to 
International.  On  July 9,  2002,  the New  York Office  sent  a 
Notice of Violation,  by First  Class and  Certified Mail  Return 
Receipt Requested to the licensee, Jose Portoviejo, for operating 
on an unauthorized frequency of 33.20 MHz.

     5.   On July 19, 2002, the New York Office received a  reply 
to  the  Notice  of  Violation  from  Frank  Felix  stating  that 
International hired him to reprogram International's base station 
and mobile radio units to the frequency of 33.16 MHz.  Mr.  Felix 
further stated  that  International  had  changed  ownership.   A 
Commission agent then  checked New York  City Taxi and  Limousine 
Commission's records confirming Jose Burbano as the new owner  of 
International, effective August 8, 2001.  A Commission agent also 
checked with  the  FCC Wireless  Telecommunications  Bureau,  who 
advised that there was no record of a new station license issued, 
or transfers of control from Jose Portoviejo to Jose Burbano, for 
operating on 33.20 MHz. 

                      III.      DISCUSSION

     6.   Section 301 of the Acts sets forth generally 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 granted under the provisions of the Act.

     7.   Based on the evidence before  us, we find that on  July 
1, July  3, and  July 9,  2002, International  Car Service,  Inc. 
willfully2 and repeatedly3  violated Section  301 of  the Act  by 
operating radio transmission equipment without a license.

     8.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy  Statement'')4, 
sets  the  base  forfeiture  amount  for  operation  without   an 
instrument  of  authorization  at  $10,000.   In  assessing   the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors set forth in Section 503(b)(2)(D) of the  Act,5 
which include 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.   Applying   the 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  ten  thousand  dollar ($10,000)  monetary  forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules7, International  Car Service,  Inc. is  hereby 
NOTIFIED of  their APPARENT  LIABILITY FOR  A FORFEITURE  in  the 
amount of  ten  thousand  dollars  ($10,000)  for  willfully  and 
repeatedly violating Section 301 of the Act.

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NOTICE  OF APPARENT  LIABILITY, International  Car  Service, 
Inc. SHALL  PAY the  full amount  of the  proposed forfeiture  or 
SHALL FILE a written statement seeking reduction or  cancellation 
of the proposed forfeiture.

     11.  Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200332380003 and FRN: 0007-4857-82. 

     12.  Any response  to this  NAL must  be mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332380003. 

     13.  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. 

     14.  Requests for payment of the full amount of this  Notice 
       of Apparent Liability under an installment plan should  be 
       sent to: Chief,  Revenue and Receivable Operations  Group, 
       445 12th Street, S.W., Washington, D.C. 20554.8

     15.  Under the Small Business Paperwork Relief Act of  2002, 
       Pub L.  No. 107-198, 116  Stat. 729 (June  28, 2002),  the 
       FCC is  engaged in a  two-year tracking process  regarding 
       the  size of  entities involved  in forfeitures.   If  you 
       qualify as  a small entity and if  you wish to be  treated 
       as  a  small  entity  for  tracking  purposes,  please  so 
       certify to us within thirty (30) days of this NAL,  either 
       in your response to the NAL or in a separate filing to  be 
       sent to  the Technical and  Public Safety Division.   Your 
       certification should indicate whether you, including  your 
       parent  entity  and its  subsidiaries,  meet  one  of  the 
       definitions set  forth in the list  provided by the  FCC's 
       Office  of Communications  Business  Opportunities  (OCBO) 
       set  forth in  Attachment A  of  this Notice  of  Apparent 
       Liability.   This information  will be  used for  tracking 
       purposes only.   Your response  or failure  to respond  to 
       this  question will  have no  effect  on your  rights  and 
       responsibilities  pursuant   to  Section  503(b)  of   the 
       Communications Act.  If  you have questions regarding  any 
       of  the  information contained  in  Attachment  A,  please 
       contact OCBO at (202) 418-0990.
     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
       APPARENT LIABILITY shall be sent by Certified Mail  Return 
       Receipt Requested to  International Car Service Inc.,  687 
       5th Avenue, Brooklyn, NY 11215.
       


                                FEDERAL COMMUNICATIONS 
COMMISSION

                                


                                Daniel W. Noel
                                District Director
                                New York Office

_________________________

1 47 U.S.C.  301.

2
 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[t]he term 
`willful', when used with reference to the commission or omission 
of any act, means the conscious and deliberate commission or 
omission of such act, irrespective of any intent to violate any 
provision of this Act ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

3Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.
4
47 C.F.R.  1.80.
5
47 U.S.C.  503(b)(2)(D).




647 U.S.C.  503(b).
7
47 C.F.R.  0.111, and 0.311. 
8
 See 47 C.F.R.  1.1914.