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Before the
Federal Communications Commission
Washington, D.C. 20554
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)
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In the Matter of File No. EB-05-NY-353
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Family Car Service, Inc. NAL/Acct. No. 200732380003
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Brooklyn, NY FRN. 0014 5183 69
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NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 21, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Family Car Service, Inc. ("Family"), apparently willfully and
repeatedly violated Section 301 of the Communications Act of 1934, as
amended ("Act"), by operating radio transmission equipment on the
frequencies 30.94 MHz and 30.98 MHz without a license in Brooklyn, NY.
We conclude, pursuant to Section 503(b) of the Act, that Family is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
BACKGROUND
2. On December 28, 2005, the FCC's New York Field Office ("New York
Office") received a complaint regarding interference to an amateur
licensee in the 10 Meter Band. The complainant stated that the source
of the interfering transmissions had been tracked to a taxicab company
operating on the frequency 30.94 MHz in Brooklyn, New York.
3. On December 29, 2005, using a mobile direction-finding vehicle, an
agent with the New York Office monitored the frequency 30.94 MHz in
Brooklyn, New York, and positively located the source of the
transmissions to a taxicab service operated by Family at 262 4^th
Avenue, Brooklyn, NY 11215. The agent observed transmissions on the
frequency 30.94 MHz from Family's base station and transmissions on
the frequency 30.98 MHz from mobile transmitters used by Family's
taxicab drivers. The agent conducted an inspection with Family's
assistant manager and dispatcher, both of whom confirmed that Family
was operating a base station and mobile units on frequencies 30.94 MHz
and 30.98 MHz, respectively. Neither the assistant manager nor the
dispatcher could produce a station license. The agent warned the
assistant manager and the dispatcher that their radio operation
required a valid FCC license.
4. On January 5 and 10, 2006, the agent, using a mobile direction-finding
vehicle monitored the frequency 30.94 MHz in Brooklyn, NY and
positively located the source of the transmissions to Family at 262
4^th Avenue, Brooklyn, NY 11215. The agent observed transmissions on
the frequency 30.94 MHz from Family's base station and transmissions
on the frequency 30.98 MHz from mobile transmitters used by Family's
drivers. There was no evidence in FCC databases of a Commission
authorization for this operation in Brooklyn, NY.
5. On January 18, 2006, the New York Office received from Family a copy
of a Special Temporary Authorization issued to Lillian Rodriguez for
operation of a private land mobile station, including 30 mobile units,
on the frequencies 30.94 MHz and 30.98 MHz in Brooklyn, NY.
6. On February 10, 2006, the New York Office sent a Notice of Unlicensed
Operation, First Class Mail, and Certified Mail Return Receipt
Requested, to Family for its unlicensed operation of a private land
mobile station in Brooklyn, NY on December 29, 2005.
7. On February 14, 2006, the U.S. Postal Service returned the Certified
Mail Return Receipt to the New York Office, which showed that Family
signed for the Notice of Unlicensed Operation on February 11, 2006.
8. Also on February 14, 2006, the New York Office received a copy of a
Radio Station Authorization issued to Lillian Rodriguez for operation
of a private land mobile station, including 30 mobile units, on the
frequencies 30.94 MHz and 30.98 MHz. The address listed on the
authorization was 262 4^th Avenue, Brooklyn, NY, which is the location
of Family's taxicab service.
DISCUSSION
9. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) of the Act has
been interpreted to mean simply that the acts or omissions are
committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
10. 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. On December 29, 2005, and January 5 and 10,
2006, an FCC agent determined that Family operated a base station on
30.94 MHz and mobile units on 30.98 MHz without a license in Brooklyn,
NY. Notwithstanding an oral warning issued during the agent's
inspection on December 29, 2005, Family continued to operate on those
frequencies without a license; therefore, the violation was willful.
Because the violation occurred on more than one day, the violation was
repeated.
11. Based on the evidence before us, we find Family apparently willfully
and repeatedly violated Section 301 of the Act by operating radio
transmission equipment on 30.94 MHz and 30.98 MHz on December 29, 2005
and January 5 and 10, 2006 without a Commission authorization.
12. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for operation without an instrument of
authorization is $10,000. In assessing the monetary forfeiture amount,
we must also take into account the statutory factors set forth in
Section 503(b)(2)(D) of the Act, which include the nature,
circumstances, extent, and gravity of the violations, and with respect
to the violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice may
require. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Family is
apparently liable for a $10,000 forfeiture.
ORDERING CLAUSES
13. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80 of the Commission's Rules, Family Car Service, Inc., is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for violations of Section 301 of the
Act.
14. 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 for Forfeiture, Family 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.
15. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
transfer may be made to ABA Number 043000261, receiving bank Mellon
Bank, and account number 911-6106.
16. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, New York Office, 201
Varick Street, Suite 1151, New York, NY 10014, within thirty (30) days
from the release date of this Notice of Apparent Liability for
Forfeiture and must include the NAL/Acct. No. referenced in the
caption.
17. 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.
18. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 1A625, 445 12th
Street, S.W., Washington, D.C. 20554.
19. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, Family Car Service, Inc. at its address
of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 301.
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 312(f)(1), which applies to
violations for which forfeitures are assessed under 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under Section 503(b) of the
Act, provides that "[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."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 C.F.R. SS 0.111, 0.311, 1.80.
See 47 C.F.R. S 1.1914.
Federal Communications Commission
2
Federal Communications Commission