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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.
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Federal Communications Commission
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Federal Communications Commission