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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Paisa 2 Car and Limousine Service, File Number: EB-09-NY-0213
NAL/Acct. No: 201032380002
Licensee of WQEQ855 )
Woodside, NY )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 5, 2009
By the District Director, New York Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Paisa 2 Car and Limousine Service., Inc., ("Paisa"), the licensee
of private land mobile station WQEQ855, in Woodside, NY, apparently
willfully and repeatedly violated Section 1.903(a) of the
Commission's Rules ("Rules") by operating a base station and mobile
stations on an unauthorized frequency, thereby, failing to use and
operate the station only in accordance with the rules. We conclude,
pursuant to Section 503(b) of the Communications Act of 1934, as
amended ("Act"), that Paisa is apparently liable for a forfeiture in
the amount of four thousand dollars ($4,000).
2. On June 15, 2009, the New York Office received a complaint from a
licensee about co-channel interference from a car service operating on
the Maritime frequency 157.425 MHz in Queens County, New York.
3. On June 16 and 18, 2009, an agent with the Commission's New York
Office monitored the frequency 157.425 MHz in New York, New York and
detected a car service base station operating on the frequency 157.420
MHz in Queens County, New York and communicating to mobile stations on
the same frequency.
4. On June 17 and 19, 2009, an agent with the Commission's New York
Office monitored the frequency 157.420 MHz in Queens County, New York
and determined, using a mobile direction finding vehicle, that Paisa
was operating a base station and mobile stations on the unauthorized
frequency 157.420 MHz at 69-11 48th Avenue, Woodside, NY. The agent
checked FCC databases and found no evidence of a Commission
authorization for Paisa to operate on 157.42 MHz from that location.
1. On June 22, 2009, agents with the Commission's New York Office again
MHz in Queens County, New York, and determined that Paisa continued to
operate a base station and mobile stations on the unauthorized frequency
157.42 MHz at 69-11 48th Avenue. The agents then proceeded to conduct an
inspection at Paisa's car service and confirmed that the base station
transmitter frequency was 157.42 MHz. When the agents asked to see a
license, the owner Francisco Munoz showed the agents the license for
WQEQ855, which authorizes base and mobile stations to transmit on the
frequency 160.05 MHz. Although Mr. Munoz claimed that he did not know why
the base station and mobile radios were operating on the unauthorized
frequency 157.42 MHz, he specifically stated to the agents that drivers
who want to drive for Paisa ask him what frequency to program into their
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) 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.
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. Section 1.903(b) further
provides that the "holding of an authorization does not create any
rights beyond the terms, conditions, and period specified in the
authorization." On June 17, 19, and 22, 2009, a Commission agent
determined that Paisa was operating its base station and mobile radios
on an authorized frequency of 157.420 MHz. Because Paisa, by its own
admission, was responsible for informing independent drivers of what
frequency to program into their mobile radios, we find that the
violation was willful. The violation continued for more than one day;
therefore, it was repeated. Based on the evidence before us, we find
that Paisa apparently willfully and repeatedly violated Section
1.903(a) of the Rules by operating its base station and mobile radios
on a frequency not authorized on the WQEQ855 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.
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 of the Rules, and the statutory factors to the
instant case, we conclude Paisa is apparently liable for a ($4,000)
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, Paisa 2 Car and Limousine
Service., Inc., is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of four thousand dollars ($4,000) for
violation of Sections 1.903(a) and 1.903(b) of the Rules.
10. 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, Paisa SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
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[s] 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, Paisa
should send electronic notification on the date said payment is made
12. 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
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 Paisa 2 Car and Limousine Service.,
Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York Office
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 503(b).
After conducting the inspection on June 22, 2009, agents spoke to a
representative from the radio vendor that programmed the base station and
mobile radio and he reported that the frequency was changed to the
authorized frequency of 160.05 MHz. On June 24, 2009, the New York Office
received a telephone call from the complainant who stated that the
interfering car service had stopped transmitting on 157.425 MHz.
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.
47 U.S.C. S: 503(b)(2)(E).
47 C.F.R. S:S: 503(b), 0.111, 0.311, 0.314, 1.80, 1.903(a), and 1.903(b).
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Federal Communications Commission
Federal Communications Commission