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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                               
                                                                      
                                      )                               
                                                                      
     In the Matter of                 )   File Number: EB-08-NY-0378  
                                                                      
     Eight Friends Limo Service Inc   )   NAL/Acct. No. 200932380006  
                                                                      
     Newark, New Jersey               )   FRN: 0018 4159 84           
                                                                      
                                      )                               
                                                                      
                                      )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 11, 2009

   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 Eight Friends Limo Service Inc ("Eight Friends") DBA Liberty Auto
       Cab in Newark, New Jersey, apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       ("Act"),  by operating a base station on the frequencies 461.400 MHz
       and 469.450 MHz and mobile units on the frequencies 466.400 MHz and
       469.450 MHz, without the required license. We conclude, pursuant to
       Section 503(b) of the Act, that Eight Friends is apparently liable for
       a forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On October 22, 2008, in response to an interference complaint, an
       agent in the Commission's New York Office, using a mobile direction
       finding vehicle, monitored the frequency, 469.450 MHz and observed a
       car service operating both a base station and mobile units on that
       frequency. The agent determined that the transmissions were coming
       from Eight Friends located at 528 Market Street, Newark, New Jersey
       07105. There was no evidence in the Commission's database of an
       authorization for Eight Friends to operate a base station and mobile
       units on the frequency 469.450 MHz in Newark, New Jersey.

    3. On October 23, 2008, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequency, 469.450 MHz and again
       determined that the transmissions were coming from Eight Friends
       located at 528 Market Street, Newark, New Jersey 07105. The agent
       conducted an inspection of the car service with one of the owners of
       Eight Friends and confirmed that Eight Friends operated a base station
       and mobile units on the frequency 469.450 MHz. The agent asked the
       owner for Eight Friends' FCC license, but was only shown the license
       of another car service, which the owner of Eight Friends claimed was
       transferred to them approximately two years ago. The license shown to
       the agent only referred to another car service at a different
       location. There was no reference to Eight Friends at 528 Market
       Street, Newark, New Jersey. The agent advised the owner to cease
       operating without an FCC license and to apply as soon as possible for
       a license for Eight Friends to operate at that location. The owner
       acknowledged the warning and said he would look into the matter
       immediately.

    4. On October 24, 2008, the New York Office sent a Notice of Unlicensed
       Operation to Eight Friends for operating a base station and mobile
       units on the frequency 469.450 MHz, without the required license, in
       violation of Section 301 of the Act. The Notice of Unlicensed
       Operation sent via certified mail was signed for on October 27, 2008,
       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.

    5. On November 12, 2008, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequency, 469.450 MHz and observed no
       activity. The agent did observe transmissions on 461.400 MHz, which
       appeared to be that of a base station and transmissions on 466.400
       MHz, which appeared to be that of mobile units. The agent determined
       that the transmissions were coming from Eight Friends located at 528
       Market Street, Newark, New Jersey 07105. The agent conducted an
       inspection of the car service with another one of the owners of Eight
       Friends, and confirmed that Eight Friends operated a base station on
       the frequency 461.400 MHz and mobile units on the frequency 466.400
       MHz. The agent asked the owner for Eight Friends' FCC license for this
       operation, but was not shown any license for authorization to operate
       a base station on the frequency 461.400 MHz or mobile units on the
       frequency 466.400 MHz. The agent advised the owner to cease operating
       without an FCC license and to apply for a license as soon as possible.
       The agent advised the owner that failure to do so could result in a
       monetary forfeiture. The owner acknowledged the warning and said he
       would look into the matter immediately.

    6. On November 20, 2008, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequencies 461.400 MHz and 466.400 MHz
       and determined that the transmissions were coming from Eight Friends
       located at 528 Market Street, Newark, New Jersey 07105. The agent
       observed that Eight Friends was operating a base station on the
       frequency 461.400 MHz and mobile units on the frequency 466.400 MHz.

    7. On May 4, 2009, a Commission agent researched the FCC license database
       and found that Eight Friends applied for and was granted a FCC license
       under the name Eight Friends Limo Service Inc on January 5, 2009,
       under call sign WQJU214, at the location 528 Market St, Newark, New
       Jersey.

   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
       October 22, 2008 and October 23, 2008, Commission agents determined
       that Eight Friends operated a base station and mobile units on the
       frequency 469.400 MHz, without authorization. On November 12, 2008,
       and November 20, 2008, Commission agents determined that Eight Friends
       operated a base station on the frequency 461.400 MHz and mobile units
       on the frequency 466.400 MHz, without authorization. The unauthorized
       operations on November 12, 2008, and November 20, 2008, occurred
       notwithstanding the oral warning issued by an FCC agent on October 23,
       2008, and a written warning issued by the New York Office on October
       24, 2008. Because Eight Friends continued to operate its base station
       and mobile units without authorization after receiving oral and
       written warnings, we find that Eight Friends' actions were willful.
       Eight Friends operated without a license for more than one day;
       therefore, we conclude that Eight Friends' apparent violation was
       repeated.

   10. Based on the evidence before us, we find that Eight Friends 
       apparently willfully and repeatedly violated Section 301 of the Act by
       operating a base station on the frequencies 461.400 MHz and 469.450
       MHz and mobile units on the frequencies 466.400 MHz and 469.450 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)(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. Applying the Forfeiture Policy Statement, Section 1.80 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Eight Friends 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, Eight Friends Limo 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.

   13. 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, Eight Friends Limo
       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/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 be 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.  If payment is made, Eight
       Friends Limo Service Inc shall send electronic notification on the
       date said payment is made to NER-Response@fcc.gov.

   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 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. 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 Eight Friends Limo 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.
   S:1.80.

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

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission