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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )       File No. EB-02-NY-192
                                )
New Eastern Car & Limo Service  )       NAL/Acct. No. 
200332380004
WPAK215                         )
Brooklyn, NY                    )       FRN: 0004-0271-08


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   November   6, 
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  New  Eastern Car  & Limo  Service  (``New 
Eastern'') has apparently  violated Section  90.403(a)(2) of  the 
Commission's  Rules   (the   ``Rules'')1,  by   operating   radio 
transmitting equipment on an unauthorized frequency of 31.90 MHz.  
We conclude that New Eastern is apparently liable for  forfeiture 
in the amount of four thousand dollars ($4,000).

                         II.  BACKGROUND

     2.   On August 20, 2002, a Commission agent, using a  mobile 
direction finding vehicle, monitored  the frequency 31.90 MHz  in 
Brooklyn, NY, to  assess compliance  in the  Private Land  Mobile 
Radio Services.  The agent determined that New Eastern located at 
100-102 Bushwick Avenue,  Brooklyn, New York  11206, operated  on 
the frequency 31.90 MHz.  There was no  evidence of a  Commission 
authorization to operate this station on the frequency 31.90  MHz 
in Brooklyn, NY.   

     3.   On August 21, 2002,  Commission agents, using a  mobile 
direction finding vehicle, monitored  the frequency 31.90 MHz  in 
Brooklyn, NY.   The  agents  again determined  that  New  Eastern 
operated on a  frequency of  31.90 MHz.  The  agents conducted  a 
station  inspection  and  determined  that  New  Eastern's   base 
transmitter was  operating  on a  frequency  of 31.90  MHz.   The 
agents advised Julio Toala, manager of New Eastern, that the base 
station was operating on an unauthorized frequency of 31.90  MHz, 
and that the station license had expired August 20, 2002.  

     4.   On August 22, 2002, the New York Office sent a  Warning 
Letter,  by  First  Class  and  Certified  Mail  Return   Receipt 
Requested, to New Eastern Car & Limo Service for operation of  an 
unauthorized frequency of 31.90 MHz, as New Eastern's license had 
expired on  August 20,  2002.  On  August 26,  2002, New  Eastern 
submitted a  letter  stating  that  Universal  Licensing  Service 
received New Eastern's application  for renewal of their  license 
prior to the expiration  date on the license  and so New  Eastern 
was still considered licensed.  On  August 27, 2002, New  Eastern 
submitted a  reply to  the Warning  Letter, admitting  using  the 
frequency 31.90 MHz on August 21, 2002.

                        III.  DISCUSSION

     5.   Section 90.403(a)(2) of the Commission's Rules requires 
that licensees in the private land mobile radio services shall be 
directly responsible for  the proper  operation and  use of  each 
transmitter for  which they  are licensed.   In this  connection, 
licensees shall exercise such direction and control as to  assure 
that the transmitter is being  operated in a permissible  manner.  
A review  of Commission's  records showed  that New  Eastern  was 
granted authority under their license,  WPAK215, to operate on  a 
frequency  of  31.92  MHz.   Agents  observed  the  base  station 
operating on a frequency of 31.90 MHz.

     6.   Based on  the evidence  before us,  we find  that,  New 
Eastern Car & Limo Service, operated radio transmitting equipment 
on an unauthorized frequency of 31.90 MHz on August 20, 2002  and 
August 21, 2002, in willful2  and repeated3 violation of  Section 
90.403(a)(2) of the Rules.

     7.   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  using  an  unauthorized 
frequency  at  $4,000.   In  assessing  the  monetary  forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D)  of the  Communications Act  of 1934,  as 
amended,5 (the ``Act''), 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  four thousand  dollar  ($4,000) 
monetary forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   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, New  Eastern Car  & Limo  Service is  hereby 
NOTIFIED of  their APPARENT  LIABILITY FOR  A FORFEITURE  in  the 
amount of four thousand dollars ($4,000) for willfully  violating 
Section 90.403(a)(2) of the Commission's Rules.

     9.   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, New Eastern Car & Limo Service 
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  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. 200332380004 and FRN: 0004-0271-08. 

     11.  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. 200332380004. 

     12.  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.  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

     14.  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.

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to New  Eastern Car  & Limo  Service, 100-102  Bushwick 
Avenue, Brooklyn, NY 11206.

                                FEDERAL            COMMUNICATIONS 
COMMISSION



                                Daniel W. Noel
                                District Director
                                New York Office
_________________________

1 47 C.F.R. § 90.403(a)(2)

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).

3 Section 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.

447 C.F.R. § 1.80.
5
47 U.S.C. § 503(b)(2)(D).

647 U.S.C. § 503(b).

747 C.F.R. §§ 0.111, and 0.311.

8 See 47 C.F.R. § 1.1914.