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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
     In the Matter of                        )                               
                                                                             
     Nevada Yellow Cab Corporation DBA       )   File Number: EB-08-LA-0315  
     Yellow Cab                                                              
                                             )   NAL/Acct. No. 200932900001  
     Licensee of Station KNNU518                                             
                                             )              FRN: 0016127169  
     Las Vegas, Nevada                                                       
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 19, 2008

   By the Acting Interim District Director, Los Angeles Office, Western
   Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Nevada Yellow Cab Corporation DBA Yellow Cab ("Nevada Yellow
       Cab"), licensee of Private Land Mobile radio station KNNU518, in Las
       Vegas, Nevada, apparently willfully and repeatedly violated Section
       1.903(a)  of the Commission's Rules ("Rules") by operating station
       KNNU518  on 152.375 MHz and 157.635 MHz, frequencies not authorized by
       its license, and by operating station KNNU518 from a location not
       authorized by its license. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Nevada Yellow
       Cab is apparently liable for a forfeiture in the amount of twelve 
       thousand dollars ($12,000).

   II. BACKGROUND

    2. On October 7, 2008, in response to a complaint alleging interference
       and unlicensed operation on 152.375 MHz and 157.635 MHz in the Las
       Vegas area, an agent from the Los Angeles Office used mobile direction
       finding techniques to locate the offending radio station operating on
       152.375 and 157.635 MHz at 5225 West Post Road, Las Vegas, Nevada,
       with coordinates of 36-o 04' 05.5" north latitude and 115-o 12' 39.5"
       west longitude ("West Post Road Site"), an office of Nevada Yellow
       Cab. At the time of the investigation, Nevada Yellow Cab was
       authorized to transmit from 2535 Las Vegas Boulevard South, Las Vegas,
       Nevada with coordinates of 36-o 08' 32.9" north latitude and 115-o 09'
       022" west longitude ("Las Vegas Boulevard Site"), as well as 4740
       South Valley View Boulevard, Las Vegas, Nevada, with coordinates of
       36-o 06' 16.9" north latitude and 115-o 12' 48" west longitude ("South
       Valley View Boulevard Site") under station authorization KNNU518.
       Further, under KNNU518 Nevada Yellow Cab was authorized to operate on
       152.330 MHz and 157.590 MHz only.

    3. On October 8, 2008, the Los Angeles agent again used mobile direction
       finding techniques to locate radio operations on 152.375 MHz and
       157.635 MHz being transmitted from Nevada Yellow Cab's location at the
       West Post Road Site.

    4. On October 9, 2008, the Los Angeles agent again used mobile direction
       finding techniques to locate radio operations on 152.375 and 157.635
       MHz being transmitted from Nevada Yellow Cab's location at the West
       Post Road Site. The agent then conducted an inspection of KNNU518. The
       agent interviewed the chief executive officer and system engineer for
       Nevada Yellow Cab. Both individuals acknowledged that they were aware
       that the license for frequencies 152.375 and 157.635 MHz had expired
       several years prior but believed that Nevada Yellow Cab was working on
       having the license re-instated. In addition, both individuals
       acknowledged that the relocation of their transmitter site to the
       current location at West Post Road Site was operating a radio station
       from an unauthorized location. However, the managers stated that they
       believed that Nevada Yellow Cab had contracted with a company to
       secure proper FCC authorization to relocate their radio operations,
       but that the attempts were not successful.

    5. On October 27, 2008, a fax was sent to the Los Angeles Office from
       Nevada Yellow Cab detailing its efforts, since January 2006, to change
       its authorizations to reflect the 5225 West Post Road site. These
       efforts included discussions with consultants; however, these
       discussions were stopped in October 2007, and did not resume until
       April and June 2008. A review of Commission data bases revealed that
       an application to modify the KNNU518 license to include frequencies
       152.375 MHz and 157.635 MHz, and to change the transmitter location to
       the West Post Road Site, was filed with the Commission on October 16,
       2008, after the inspection by the FCC agent. This application was
       subsequently granted on November 14, 2008.

   III. DISCUSSION

    6. 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) 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.

    7. 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 October 7, 8, and 9, 2008,
       a Los Angeles agent located transmissions from KNNU518 on 152.375 MHz
       and 157.635 MHz emanating from Nevada Yellow Cab's West Post Road Site
       in Las Vegas, Nevada. At the time of the investigation, KNNU518 was
       not authorized to operate on 152.375 MHz or 157.635 MHz. Additionally,
       KNNU518 was not authorized to operate from the West Post Road Site.
       Section 1.947(a) of the Rules requires that all major modifications as
       defined in Section 1.929 of the Rules require prior Commission
       approval. Section 1.929(d)(1)(i) of the Rules defines one of the major
       actions as "any change in transmit antenna location by more than 5
       seconds in latitude or longitude for fixed point-to-point facilities."
       The calculated distance separating the KNNU518 point of operation from
       the West Post Road Site to the South Valley View Boulevard Site was
       greater than 2.5 miles (specifically, a difference of approximately
       131 seconds of latitude and approximately 9 seconds of longitude). For
       the Las Vegas Boulevard South Site authorized on the KNNU518 license,
       the calculated distance separating this location from the point of
       operation at the West Post Road Site was greater than 5.9 miles
       (specifically, a difference of approximately 267 seconds of latitude
       and approximately 197 seconds of longitude). Nevada Yellow Cab
       management was aware that radio station KNNU518 was operating on
       152.375 MHz and 157.635 MHz, and acknowledged that the current license
       for KNNU518 did not allow operation from the West Post Road Site.
       Therefore, the violations were willful. The violations occurred for
       more than one day, therefore, they were repeated. Based on the
       evidence before us, we find Nevada Yellow Cab apparently willfully and
       repeatedly violated Section 1.903(a) of the Rules by operating on
       frequencies not authorized on the KNNU518 license, and by operating
       KNNU518 from a location not authorized by its license.

    8. 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 using an unauthorized frequency is $4,000,
       and the base forfeiture amount for operating land mobile stations from
       a location not authorized by its license 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)(E) 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. As described above, Nevada Yellow
       Cab operated on two frequencies not authorized by the KNNU518 license.
       Additionally, Nevada Yellow Cab operated from a location not
       authorized by the KNNU518 license. Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Nevada Yellow Cab is apparently liable for a
       forfeiture of $12,000. Although Nevada Yellow Cab has since been
       granted a modification to the KNNU518 license, the application for the
       modification was not filed with the Commission until after the
       inspection by the Los Angeles agent on October 9, 2008. The Commission
       has stated in the past that a licensee is expected to correct
       violations when they are brought to the licensee's attention and that
       such correction is not grounds for a downward adjustment in the
       forfeiture.

   IV. ORDERING CLAUSES

    9. 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, Nevada Yellow Cab
       Corporation DBA Yellow Cab is hereby NOTIFIED of this APPARENT
       LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars
       ($12,000) for violations of Section 1.903(a) of the Rules.

   10. 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, Nevada Yellow Cab
       Corporation DBA Yellow Cab SHALL PAY the full amount of the proposed
       forfeiture or SHALL FILE a written statement seeking reduction or
       cancellation of the proposed forfeiture.

   11. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures. Nevada Yellow Cab Corporation
       DBA Yellow Cab  will also send electronic notification on the date
       said payment is made to WR-Response@fcc.gov.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Los Angeles District
       Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703, and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   13. 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.

   14. 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 Nevada Yellow Cab Corporation DBA
       Yellow Cab.

   FEDERAL COMMUNICATIONS COMMISSION

   Margaret Egler

   Acting Interim District Director

   Los Angeles Office

   Western Region

   Enforcement Bureau

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

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

   Along with station KNNU518, Nevada Yellow Cab is also the licensee of
   stations KNNU516, WPJH312 and WNCN965 in the Las Vegas area. At the time
   of the inspections, none of these licenses authorized Nevada Yellow Cab to
   operate on 152.375 MHz and 157.635 MHz. Additionally, none of these
   licenses authorized operations from 5225 West Post Road, Las Vegas,
   Nevada.

   See File No. 0003612392.

   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."

   47 C.F.R. S: 1.947(a).

   47 C.F.R. S: 1.929(d)(1)(i).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   AT&T Wireless Services, Inc., 17 FCC Rcd 21866, 21871 (2002).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 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

                                       4

   Federal Communications Commission