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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Alpha Ambulance, Inc. ) File Number: EB-02-SJ-031
)
San Juan, PR ) NAL/Acct.No 200232680006
)
) FRN 0005-9491-93
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 21 2002
By the Enforcement Bureau, San Juan Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we
find that Alpha Ambulance, Inc. (``Alpha'') willfully violated
Section 301 of the Communications Act of 1934, as amended
(``Act''),1 and Section 1.903(a) of the Commission's Rules,2 by
operating radio transmission equipment without the required
Commission authorization. We conclude that Alpha is apparently
liable for a forfeiture in the amount ten thousand dollars
($10,000).
II. BACKGROUND
2. On April 23, 2002, the FCC Enforcement Bureau's San
Juan Resident Agent Office (``San Juan Office'') received, from
the Commonwealth of Puerto Rico Medical Emergencies Services, a
complaint of interference affecting the frequency pair
463.100/468.100 MHz. The Commission has assigned these
frequencies to the Public Safety Radio Pool and authorized their
use solely for communications between medical facilities and
personnel involving treatment and transport of patients in the
rendition of medical services.3 The complaint alleged that
interference to ongoing emergency medical communications was
caused by Alpha. FCC license records showed no license issued to
Alpha for operation on these frequencies.
3. On May 6, 2002, an agent of the San Juan Office used
direction finding techniques to locate radio transmissions on the
frequency 468.100 MHz. The agent determined the source of the
transmissions to be a one-story building located at # 1720
Eduardo Conde Ave., Santurce, Puerto Rico. A sign on the building
identified it as Alpha Ambulance. The agent also confirmed that
Alpha's ambulances transmitted on the 463.100/468.100 MHz
frequency pair.
4. On May 7, 2002 a San Juan agent went to the offices of
Alpha Ambulance and interviewed the owners, Ms. Milagros Montero
and her daughter, Ms. Wendy Montero. Ms. Milagros Montero stated
that they both owned Alpha Ambulance, Inc., and admitted that the
company operated radio transmission equipment on 463.100/468.100
MHz. Upon the agent's request to see the radio station
authorization, Ms. Milagros Montero handed the agent a copy of a
license under which she alleged to be operating. The license was
issued in the name of First Aid Ambulance, Inc. for the frequency
pair 463.100/468.100 MHz, call sign KNIG648, and had expired on
April 8, 2001. Ms. Milagros Montero stated that First Aid
Ambulance was owned by her ex-husband, his mother and sister,
that First Aid Ambulance had dissolved about three years ago, and
that Alpha had operated the radio equipment since that time.
Alpha could not produce any authorization to operate on 463.100
or 468.100 MHz. Ms. Milagros Montero did produce documents
indicating that, on or about June 18, 2001, Alpha had submitted
paperwork to a license application service to renew the license
issued to First Aid Ambulance, but had failed to provide the
proper documentation of frequency coordination, resulting in no
action taken.
III. DISCUSSION
5. Section 301 of the Act sets forth generally that no
person shall use or operate any apparatus for the transmission of
energy of communications or signals by radio within the United
States except under and in accordance with the Act and with a
license. Section 1.903(a) of the Commission's Rules provides, in
pertinent part, that stations in the Wireless Radio Services must
be operated only with a valid Commission authorization. On May
6, 2002, Alpha operated radio transmission equipment on the
Public Safety Radio frequencies 463.100 and 468.100 MHz without
the required FCC authorization.
6. Based on the evidence before us, we find that, on May
6, 2002, Alpha willfully4 violated Section 301 of the Act and
Section 1.903(a) of the Commission's Rules by operating radio
transmission apparatus without a license.
7. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) cited in
this notice is $10,000.5 Section 503(b)(2)(D) of the Act
requires us to take into account ``... 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.''6 Considering the entire record and applying the
statutory factors listed above, this case warrants a $10,000
forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,7 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,8 Alpha Ambulance, Inc. is hereby NOTIFIED of
its APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for willful violation of Section 301
of the Communications Act of 1934, as amended, and Section
1.903(a) 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, Alpha Ambulance, Inc. 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 must include
the FRN and NAL/Acct. No. referenced in the letterhead above.
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead above.
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: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.9
14. IT IS
FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
shall be sent by regular mail and Certified Mail Return Receipt
Requested to Alpha Ambulance, Inc. at Box 19313, Fernandez Juncos
Station, Santurce, PR 00910.
FEDERAL COMMUNICATIONS COMMISSION
Reuben Jusino
Resident Agent, San Juan Office,
Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 47 C.F.R § 1.903(a).
3 See 47 C.F.R. §§ 90.20(c)(3) and 90.20(d)(76).
4 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally 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).
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503 (b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.