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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
                                )                               
                                                                
     In the Matter of           )                               
                                     File Number: EB-06-NY-047  
     Discovery Transportation   )                               
                                    NAL/Acct. No: 200732380008  
     Licensee of WQCK981        )                               
                                             FRN: 0014 6150 58  
     New York, NY               )                               
                                                                
                                )                               
                                                                
                                )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: February 26, 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 Discovery Transportation ("Discovery"), licensee of private land
       mobile station WQCK981, in New York,  NY, apparently willfully and
       repeatedly violated Section 1.903(a)  of the Commission's Rules
       ("Rules") by operating radio transmitting equipment on the frequency
       463.350 MHz from an unauthorized location with an antenna that
       exceeded the authorized height. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that
       Discovery is apparently liable for a forfeiture in the amount of four
       thousand dollars ($4,000). We also admonish Discovery for failing to
       transmit its call sign identification at least once every fifteen
       minutes, as required by 90.425(a) of the Rules.

   II. BACKGROUND

    2. On February 22, 2006, the FCC New York Office received a complaint of
       interference from Kings County Hospital, licensee of private land
       mobile station WNUR820 in New York City, regarding interference it was
       receiving on the frequency 463.350 MHz.

    3. On February 24, 25, and 27, 2006, Commission agents monitored the
       frequency 463.350 MHz and heard transmissions related to a car service
       operation in the New York City area. The station did not transmit its
       call sign identification during any of the transmissions that agents
       monitored on those dates.

    4. On February 28, 2006, Commission agents, using a mobile
       direction-finding vehicle, monitored the frequency 463.350 MHz in New
       York City and determined that the transmissions were coming from 70
       West 93^rd Street, New York, NY 10025. The agents heard the same car
       service dispatcher whom they had heard on February 24, 25, and 27,
       2006. Based on a pick-up location announced by the dispatcher, an
       agent met one of the car service company's cars at the pick-up
       location and interviewed the driver. The driver stated the he worked
       for Discovery. The agent called Discovery and asked the dispatcher to
       transmit a test count, which confirmed that the transmissions on the
       frequency 463.350 MHz heard in the direction-finding vehicle exactly
       matched the audio heard over the phone.

    5. Later that day, the agent spoke by telephone to Discovery's service
       technician, who stated that Discovery, call sign WQCK981, had been
       operating a base station transmitter on the frequency 463.350 MHz from
       70 West 93^rd Street, New York, NY for approximately one week. There
       was no evidence of a Commission authorization for Discovery to operate
       a base station transmitter on the frequency 463.350 MHz at 70 West
       93^rd Street, New York, NY. Discovery's license authorized it to
       operate a base station at 3412 113^th Street, Corona, Queens, NY. In
       addition, Discovery's transmitting antenna was mounted on the roof of
       the building at a height above ground of 73.2 meters, and a height
       above average terrain ("HAAT") of 84.7 meters. Discovery's license
       authorized a HAAT of 36.2 meters at the authorized location. The agent
       advised Discovery's service technician that Discovery's operation was
       in violation of FCC Rules.

    6. On March 1, 2006, the agent spoke by telephone to the owner of
       Discovery and advised him that his operation of a base station at 70
       West 93^rd Street was in violation of FCC rules. Later that day,
       Discovery's service technician called the New York Office and informed
       the agent that Discovery was no longer using the frequency 463.350
       MHz, which an agent's subsequent monitoring confirmed.

    7. On March 8, 2006, the agent visited Discovery's main office at 147
       Post Avenue, New York, NY and spoke with Discovery's executive
       director. The agent informed the executive director that Discovery's
       operation from an unauthorized location violated FCC Rules. The agent
       also spoke to Discovery's secretary, who stated that Discovery had
       been in operation and using their radios since February 20, 2006.
       While at the office, the executive director showed the agent
       Discovery's conspicuously posted license for WQCK981, which listed
       Discovery's one authorized base station location as 3412 113^th
       Street, Corona, Queens, 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 1.903(a) of the Rules requires that stations in the Wireless
       Radio Services must be used and operated only in accordance with the
       rules applicable to their particular service, and with a valid
       authorization granted by the Commission. On February 28, 2006,
       Commission agents determined that Discovery was operating radio
       transmitting equipment on the frequency 463.350 MHz from an
       unauthorized location with an antenna that greatly exceeded the
       authorized antenna height. Agents also heard transmissions by
       Discovery on 463.350 MHz on three previous days. Discovery's service
       technician admitted that Discovery had been operating a base station
       transmitter on the frequency 463.350 MHz from the unauthorized
       location for approximately one week. Discovery's license was
       conspicuously posted at its offices, clearly listing its authorized
       antenna height and one authorized transmitter location in Queens, NY,
       which is 6.35 miles away from the unauthorized location Discovery was
       using. Based on the evidence before us, we find that Discovery
       apparently willfully and repeatedly violated Section 1.903(a) of the
       Rules by operating radio transmitting equipment from an unauthorized
       location using an antenna that exceeded the authorized antenna height.

   10. Section 90.425(a) of the Rules provides that each station must be
       identified by the transmission of the assigned call sign during each
       transmission or exchange of transmissions, or once each 15 minutes
       during periods of continuous operation. Agents monitored Discovery's
       transmissions on the frequency 463.350 on February 24, 25, and 27,
       2006, and did not hear Discovery transmit its call sign identification
       during any of the transmissions on those days. We therefore admonish
       Discovery for its apparent willful and repeated violation of Section
       90.425(a) of the Rules.

   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 at an unauthorized location is
       $4,000. 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, a $4,000
       forfeiture is warranted.

   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, Discovery Transportation is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of four thousand dollars ($4,000) for violation of Section
       1.903(a) of the Rules.

   13. IT IS FURTHER ORDER that Discovery Transportation IS ADMONISHED for
       failure to transmit its call sign identification in violation of
       Section 90.425(a) of the Rules.

   14. 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, Discovery
       Transportation 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, to Discovery Transportation at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.903(a).

   47 U.S.C. S 503(b).

   A check of FCC records on February 28, 2006, showed that Discovery's
   license specified 70 West 93^rd Street as a control point, not a
   transmitter location. Discovery's license subsequently was modified to
   remove 70 West 93^rd Street as a control point.

   Discovery's license for WQCK981 was modified on March 27, 2006, to change
   the base station location from the original location in Queens to 1133
   Ogden Avenue, Bronx, NY.

   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."

   The excessive antenna height increased the station's coverage area well
   beyond that intended by its license.

   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 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 1.903(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission