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


In the Matter of                )
                                )       File No. EB-02-NY-189
                                )
J Transport, Inc.               )       NAL/Acct. No. 
200332380006
Paterson, NJ                    )
                                )       FRN: 0007-7917-00


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:   December  27, 
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 J  Transport, Inc. has apparently  violated 
Section 301  of the  Communications Act  of 1934  (``Act''),1  as 
amended, by  operating radio  transmitting equipment  on  151.245 
MHz.  We conclude that J Transport, Inc. is apparently liable for 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On August 13, 2002, the FCC New York Office received  a 
complaint from an FCC licensed  user, of harmful interference  to 
the frequency 151.250 MHz. 

     3.   On August 15, 2002, Commission agents, using direction-
finding  techniques,  positively  located   the  source  of   the 
interference at  J Transport,  Inc., 35  Broadway, Paterson,  NJ, 
07505.  The  agents determined  that J  Transport, Inc.  operated 
radio-transmitting  equipment  on  151.245  MHz.   There  was  no 
evidence of  a Commission  authorization  for this  operation  in 
Paterson, NJ.  The  agents then conducted  a station  inspection, 
and  advised  both  the  radio  dispatcher  and  manager  that  J 
Transport was operating on  an unauthorized frequency of  151.245 
MHz, which was causing interference to a local police department.

     4.   On August 16,  2002, Commission  agents observed  radio 
operation on 151.245  MHz in Paterson,  NJ, and again  positively 
identified the source of the  transmission at J Transport,  Inc., 
35 Broadway, Paterson, NJ, 07505.  They hand-delivered a  Warning 
Letter for  unlicensed operation  to J  Transport, Inc.  at  that 
time.  The New York  Office did not receive  a reply to the  hand 
delivered Warning Letter.  

     5.   On August 16, 2002, the New York Office sent a  Warning 
Letter for  unlicensed operation,  by First  Class and  Certified 
Mail Return Receipt Requested, to J Transport, Inc.  The New York 
Office did not receive a reply to the Warning Letter.

                        III.  DISCUSSION

     6.   Section 301 of  the Act  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.   A review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission authorization to operate this station on the frequency 
151.245 MHz in Paterson, NJ. 

     7.   Based on  the  evidence  before  us,  we  find  that  J 
Transport, Inc. operated radio transmission equipment on  151.245 
MHz on August 15, 2002 and  August 16, 2002 without a  Commission 
authorization in willful2 and repeated3 violation of Section  301 
of the Act.

     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,  J Transport,  Inc.  is hereby  NOTIFIED  of 
their APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  ten 
thousand dollars ($10,000) for willfully 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, J  Transport, 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. 200332380006 and FRN: 0007-7917-00.

     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. 200332380006. 

     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 J Transport, Inc., 35 Broadway, Paterson, NJ, 07505.

                                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).

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.