Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                               )                               
                                                               
                               )                               
                                                               
                               )                               
     In the Matter of               File Number: EB-06-NY-013  
                               )                               
     Mobile Car Service Inc.       NAL/Acct. No: 200732380005  
                               )                               
     Brooklyn, NY                           FRN: 0014 8301 60  
                               )                               
                                                               
                               )                               
                                                               
                               )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: January 29, 2007

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Mobile Car Service Inc. ("Mobile") in Brooklyn,  NY, apparently
       willfully and repeatedly violated Section 301 of the Communications
       Act of 1934, as amended ("Act"), by  operating a base station on the
       frequency 35.18 MHz and mobile units on the frequency 34.94 MHz
       without the required license. We conclude, pursuant to Section 503(b)
       of the Act, that Mobile is apparently liable for a forfeiture in the
       amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On February 7, 2006, in response to an interference complaint, an
       agent in the Commission's New York Office conducted a station
       inspection of Mobile, which is located at 361 Union Ave, Brooklyn NY
       11211. The agent conducted the inspection with one of Mobile's owners.
       The agent determined that Mobile operated a base station on the
       frequency 35.18 MHz and mobile units on the frequency 34.94 MHz.

    3. During the inspection, Mobile stated to the agent that it did not have
       a copy of its license at the station. Mobile also directed the agent
       to its radio service technician, who stated that an application had
       been filed with the FCC and that Mobile was licensed to operate. At
       the agent's request, Mobile agreed to send a copy of its license to
       the agent via facsimile. The agent warned Mobile that it needed to
       have its FCC license posted at all times and that, if it was unable to
       provide the agent with a license, it would be in violation of the
       FCC's Rules and must cease operations immediately.

    4. Later that day, the agent searched the Commission's database and found
       that there was no evidence of a Commission authorization for Mobile to
       operate a base station on 35.18 MHz or mobile units on 34.94 MHz in
       Brooklyn, NY. The agent contacted Mobile by telephone and informed the
       owner that no records were found on the FCC database for any current
       license or application for Mobile Car Service Inc. The only license in
       the database for Mobile Car Service Inc. had expired on October 13,
       2004. The agent again warned Mobile to cease all operations and
       advised the owner that failure to do so would subject Mobile to a
       possible fine.

    5. On February 9, 2006, the agent, using a mobile direction finding
       vehicle, monitored the frequencies 35.18 MHz and 34.94 MHz and
       determined that the transmissions were coming from Mobile, located at
       361 Union Ave, Brooklyn NY 11211. There continued to be no evidence in
       the Commission's database of an authorization for Mobile to operate a
       base station on 35.18 MHz and mobile units on 34.94 MHz in Brooklyn,
       NY.

    6. On February 28, 2006, the New York Office sent a Notice of Unlicensed
       Operation to Mobile for operating a base station on the frequency
       35.18 MHz and operating mobile units on the frequency 34.94 MHz,
       without the required license, in violation of Section 301 of the
       Communications Act. The Notice of Unlicensed Operation sent via
       certified mail was signed for and dated on March 22, 2006, and the
       certified mail return receipt was returned to the New York Office by
       the U.S. Postal Service. To date, the New York Office has not received
       a reply to the Notice of Unlicensed Operation.

    7. On March 22, 2006, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequencies 35.18 and 34.94 MHz and
       determined that the transmissions were coming from Mobile, located at
       361 Union Ave, Brooklyn NY 11211. There continued to be no evidence in
       the Commission's database of an authorization for Mobile to operate a
       base station on 35.18 MHz and mobile units on 34.94 MHz in Brooklyn,
       NY.

   III. DISCUSSION

    8. 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.

    9. Section 301 of the Act states 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
       February 7, 2006, during an inspection at Mobile's station, a
       Commission agent determined that Mobile was operating a base station
       on 35.18 MHz and mobile units on 34.94 MHz without authorization.
       Notwithstanding an oral warning during the inspection, the agent found
       on February 9, 2006, that Mobile continued to operate a base station
       on 35.18 MHz and mobile units on 34.94 MHz without authorization. In
       addition, even after receiving a written Notice of Unlicensed
       Operation from the New York Office, which was dated February 28, 2006,
       the agent found on March 22, 2006 that Mobile continued to operate a
       base station and mobile units without authorization. Because Mobile
       continued to operate its base station and mobile units without
       authorization after receiving oral and written warnings from the
       agent, we find that Mobile's actions were willful. Mobile operated
       without a license for more than one day; therefore, we conclude that
       Mobile's apparent violation was repeated.

   10. Based on the evidence before us, we find that Mobile apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       a base station on 35.18 MHz and mobile units on 34.94 MHz, without the
       required license.

   11. 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 Mobile is
       apparently liable for a ($10, 000) forfeiture.

   IV. ORDERING CLAUSES

   12. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Mobile Car Service Inc. is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violation of Section 301
       of the Act.

   13. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Mobile 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.

   14. 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.

   15. 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.

   16. 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.

   17. 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, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   18. 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, to Mobile 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).

   Mobile's license for WPPB992 was for operation of one base station on
   451.900 MHz and 75 mobile units on 456.900 MHz. The license was issued on
   October 13, 1999 and expired on October 13, 2004.

   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 U.S.C. S 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80.

   47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission