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


In the Matter of                )
                                )       File No. EB-03-NY-003
                                )
Hip Hop City Corp.              )       NAL/Acct. No. 
200332380020
Brooklyn, NY                    )
                                )       FRN: 0008 5372 76


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                           Released:   April  21, 
                                           2003

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

                        I.  INTRODUCTION

                                        1.   In  this  Notice  of 
                                          Apparent Liability  for 
                                          Forfeiture ("NAL"),  we 
                                          find that Hip Hop  City 
                                          Corp.   (``Hip   Hop'') 
                                          has          apparently 
                                          violated  Section   301 
                                          of  the  Communications 
                                          Act of 1934 (``Act'') 
                                          1,   as   amended,   by 
                                          operating            an 
                                          unlicensed        radio 
                                          transmitter   on    the 
                                          frequency   1710   kHz.  
                                          We  conclude  that  Hip 
                                          Hop    is    apparently 
                                          liable      for       a 
                                          forfeiture    in    the 
                                          amount of ten  thousand 
                                          dollars ($10,000).

                         II.  BACKGROUND

                                        2.   On January 6, 7,  8, 
                                          and  9, 2003,  the  FCC 
                                          New     York     Office 
                                          received    information 
                                          from the FCC  Columbia, 
                                          Maryland     monitoring 
                                          station,  regarding  an 
                                          unlicensed  AM  station 
                                          operating  on 1710  kHz 
                                          in  the New  York  City 
                                          area. 

                                        3.   On January 9,  2003, 
                                          Commission      agents, 
                                          using     a      mobile 
                                          direction-finding 
                                          vehicle, monitored  the 
                                          frequency  1710 kHz  in 
                                          Brooklyn,   NY.     The 
                                          agents         observed 
                                          unauthorized      radio 
                                          broadcast on 1710  kHz, 
                                          and   identified    the 
                                          source      of      the 
                                          unauthorized 
                                          transmissions as  1236-
                                          1244  Atlantic  Avenue, 
                                          Brooklyn,   NY   11216.  
                                          The agents observed  an 
                                          AM  broadcast   antenna 
                                          on  the  roof  of   the 
                                          building.  In  response 
                                          to    questions,    the 
                                          owner  of a  car  wash, 
                                          ``Brooklyn Finest  Hand 
                                          Car    Spa''     (``Car 
                                          Spa''), located in  the 
                                          building,   told    the 
                                          agents  that a  company 
                                          called   ``Hip    Hop'' 
                                          owned   the   building.  
                                          Further   investigation 
                                          confirmed           the 
                                          ownership  by Hip  Hop.  
                                          An  agent's  search  of 
                                          the           telephone 
                                          directory    determined 
                                          that the addresses  and 
                                          phone  numbers   listed 
                                          for  Hip  Hop  and  Car 
                                          Spa   were  the   same.  
                                          There  was no  evidence 
                                          of     a     Commission 
                                          authorization for  this 
                                          operation in  Brooklyn, 
                                          NY. 

                                        4.   On January 10, 2003, 
                                          Commission      agents, 
                                          using     a      mobile 
                                          direction-finding 
                                          vehicle, monitored  the 
                                          frequency  1710 kHz  in 
                                          Brooklyn,   NY.     The 
                                          agents  again  observed 
                                          unauthorized      radio 
                                          broadcast on 1710  kHz, 
                                          and   identified    the 
                                          source      of      the 
                                          unauthorized 
                                          transmissions as  1236-
                                          1244  Atlantic  Avenue, 
                                          Brooklyn,   NY   11216.  
                                          The   agents   obtained 
                                          access to  the roof  of 
                                          1236  Atlantic  Avenue, 
                                          where  they observed  a 
                                          vertical  antenna  with 
                                          a     coaxial     cable 
                                          leading   across    the 
                                          roof   into  a   locked 
                                          equipment  room.    The 
                                          agents  then   informed 
                                          the  owner of  Car  Spa 
                                          that   there   was   an 
                                          unlicensed      station 
                                          operating   from    the 
                                          building.  In  response 
                                          to    questions,    the 
                                          owner of Car Spa  again 
                                          told  the  agents  that 
                                          Hip   Hop   owned   the 
                                          building.

                                        5.   On January 13, 2003, 
                                          the  New  York   Office 
                                          sent  Warning  Letters, 
                                          for          unlicensed 
                                          operation,   by   First 
                                          Class   and   Certified 
                                          Mail   Return   Receipt 
                                          Requested,  to Hip  Hop 
                                          and Car Spa,  addressed 
                                          to    1244     Atlantic 
                                          Avenue.   The New  York 
                                          Office did not  receive 
                                          a reply to the  Warning 
                                          Letters.   On   January 
                                          16, 2003, the New  York 
                                          Office    received    a 
                                          signed receipt for  the 
                                          Warning  Letter  mailed 
                                          to Car Spa.

                                        6.   On January 18, 2003, 
                                          Commission       agents 
                                          returned  to  1236-1244 
                                          Atlantic  Avenue,   and 
                                          informed  the  building 
                                          construction 
                                          supervisor  about   the 
                                          unlicensed     station.  
                                          The        construction 
                                          supervisor  accompanied 
                                          the   agents   to   the 
                                          roof,    where     they 
                                          observed  the   antenna 
                                          and coaxial cable  just 
                                          as     before.       In 
                                          response to  questions, 
                                          the        construction 
                                          supervisor     provided 
                                          the     agents     with 
                                          information  indicating 
                                          that  Eliyahu   Ezagui, 
                                          residing    at     1227 
                                          President  Street,  was 
                                          the  responsible  party 
                                          for  the  building   at 
                                          1236-1244      Atlantic 
                                          Avenue.

                                        7.   On January 21, 2003, 
                                          a  Commission   agent's 
                                          search   of  New   York 
                                          State           records 
                                          confirmed   that    the 
                                          Chief         Executive 
                                          Officer of  Hip Hop  is 
                                          Eliyahu  Ezagui,   with 
                                          the           principal 
                                          executive        office 
                                          located     at     1227 
                                          President Street,  Unit 
                                          4C,    Brooklyn,     NY 
                                          11225.   The  New  York 
                                          Office  sent a  Warning 
                                          Letter, for  unlicensed 
                                          operation,   by   First 
                                          Class   and   Certified 
                                          Mail   Return   Receipt 
                                          Requested, to Hip  Hop, 
                                          1227 President  Street, 
                                          Unit   4C,   Attention: 
                                          Eliyahu  Ezagui.    The 
                                          New  York  Office   did 
                                          not receive a reply  to 
                                          the   Warning   Letter.  
                                          On  January  27,  2003, 
                                          the  New  York   Office 
                                          received    a    signed 
                                          receipt     for     the 
                                          Warning  Letter  mailed 
                                          to Hip Hop.

                                        8.   On January 29, 2003, 
                                          Commission      agents, 
                                          using     a      mobile 
                                          direction-finding 
                                          vehicle, monitored  the 
                                          frequency  1710 kHz  in 
                                          Brooklyn,   NY.     The 
                                          agents  again  observed 
                                          unauthorized      radio 
                                          broadcast on 1710  kHz, 
                                          and   identified    the 
                                          source      of      the 
                                          unauthorized 
                                          transmissions as  1236-
                                          1244  Atlantic  Avenue, 
                                          Brooklyn,   NY   11216.  
                                          Immediately       after 
                                          locating the source  of 
                                          the signal, the  agents 
                                          made  a field  strength 
                                          measurement   of    the 
                                          station's  signal   and 
                                          determined   that   the 
                                          field   strength    far 
                                          exceeded            the 
                                          permissible  level  for 
                                          a   non-licensed   low-
                                          power             radio 
                                          transmitter.

                                        9.     On   January   30, 
                                          2003,        Commission 
                                          agents, using a  mobile 
                                          direction-finding 
                                          vehicle, monitored  the 
                                          frequency  1710 kHz  in 
                                          Brooklyn,   NY.     The 
                                          agents  again  observed 
                                          unauthorized      radio 
                                          broadcast on 1710  kHz, 
                                          and   identified    the 
                                          source      of      the 
                                          unauthorized 
                                          transmissions as  1236-
                                          1244  Atlantic  Avenue, 
                                          Brooklyn,   NY   11216.  
                                          Immediately       after 
                                          locating the source  of 
                                          the signal, the  agents 
                                          made  a field  strength 
                                          measurement   of    the 
                                          station's  signal   and 
                                          determined   that   the 
                                          field   strength    far 
                                          exceeded            the 
                                          permissible  level  for 
                                          a   non-licensed   low-
                                          power             radio 
                                          transmitter.

                                        10.  On   February    27, 
                                          2003,        Commission 
                                          agents, using a  mobile 
                                          direction-finding 
                                          vehicle, monitored  the 
                                          frequency  1710 kHz  in 
                                          Brooklyn,   NY.     The 
                                          agents  again  observed 
                                          unauthorized      radio 
                                          broadcast on 1710  kHz, 
                                          and   identified    the 
                                          source      of      the 
                                          unauthorized 
                                          transmissions as  1236-
                                          1244  Atlantic  Avenue, 
                                          Brooklyn,   NY   11216.  
                                          Immediately       after 
                                          locating the source  of 
                                          the signal, the  agents 
                                          made  a field  strength 
                                          measurement   of    the 
                                          station's  signal   and 
                                          determined   that   the 
                                          field   strength    far 
                                          exceeded            the 
                                          permissible  level  for 
                                          a   non-licensed   low-
                                          power             radio 
                                          transmitter.

                           III.  DISCUSSION

                                        11.  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  1710 
                                          kHz, in Brooklyn, NY.

                                        12.  Based     on     the 
                                          evidence before us,  we 
                                          find that  Hip Hop  was 
                                          responsible   for   the 
                                          operation   of    radio 
                                          transmission  equipment 
                                          on 1710 kHz on  January 
                                          9,  10,  29,  and   30, 
                                          2003, and February  27, 
                                          2003,     without     a 
                                          Commission 
                                          authorization        in 
                                          willful2 and  repeated3 
                                          violation  of   Section 
                                          301 of the Act.

                                        13.  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

                                        14.  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,   Hip  Hop   is 
                                          hereby NOTIFIED of  its 
                                          APPARENT LIABILITY  FOR 
                                          A  FORFEITURE  in   the 
                                          amount of ten  thousand 
                                          dollars  ($10,000)  for 
                                          willfully     violating 
                                          Section   301  of   the 
                                          Act.

                                        15.  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, 
                                          Hip Hop  SHALL PAY  the 
                                          full   amount  of   the 
                                          proposed forfeiture  or 
                                          SHALL  FILE  a  written 
                                          statement       seeking 
                                          reduction            or 
                                          cancellation   of   the 
                                          proposed forfeiture.

                                        16.  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. 
                                          200332380020  and  FRN: 
                                          0008 5372 76.

                                        17.  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. 
                                          200332380020.

                                        18.  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.

                                        19.  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

                                        20.  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.

                                        21.  IT    IS     FURTHER 
                                          ORDERED THAT a copy  of 
                                          this     NOTICE      OF 
                                          APPARENT      LIABILITY 
                                          shall   be   sent    by 
                                          Certified Mail,  Return 
                                          Receipt  Requested,  to 
                                          Hip  Hop  City   Corp., 
                                          1227 President  Street, 
                                          Unit  4C, Brooklyn,  NY 
                                          11225.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A - Condensed List of Small Entities, October 2002

_________________________

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.