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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
                                                                             
                                             )                               
     In the Matter of                                                        
                                             )                               
     Paisa 2 Car and Limousine Service,          File Number: EB-09-NY-0213  
     Inc.                                    )                               
                                                 NAL/Acct. No: 201032380002  
     Licensee of WQEQ855                     )                               
                                                            FRN: 0014768220  
     Woodside, NY                            )                               
                                                                             
                                             )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: October 5, 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 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).

   II. BACKGROUND

    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
        monitored 157.42

   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
   radios.

   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) 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)
       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, 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
       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[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
       to NER-Response@fcc.gov.

   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
       caption.

   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

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   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.
   S:1.80.

   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).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission