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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Mexicana Car and Limousine Services ) File No.: EB-02-NY-
221
WNXK978 ) NAL/Acct. No. 200332380009
Jackson Heights, NY ) FRN 0005-1515-01
)
FORFEITURE ORDER
Adopted: May 12, 2003 Released: May 14,
2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of four thousand
dollars ($4,000) to Mexicana Car and Limousine
Services (``Mexicana'') for willful and repeated
violation of Section 90.403(a)(2) of the Commission's
Rules (``Rules'').1 The noted violation involves
Mexicana's operation of radio transmitting equipment
on an unauthorized frequency of 31.70 MHz.
2. On January 2, 2003, the District Director of the
Commission's New York, New York Field Office (``New York
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $4,000 to Mexicana.2 Mexicana has not
filed a response to the NAL. Based on the information before us,
we affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Mexicana
Car and Limousine Services IS LIABLE FOR A MONETARY FORFEITURE in
the amount of $4,000 for willfully and repeatedly violating
Section 90.403(a)(2) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.5
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200332380009, and FRN 0005-1515-01. Requests for
full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.6
5. IT IS FURTHER ORDERED THAT a copy of this Order
shall be sent by first class mail and certified mail, return
receipt requested, to Mexicana Car and Limousine Services, 70-18
35th Avenue, Jackson Heights, New York 11372.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 90.403(a)(2).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332380009 (Enf. Bur., New York Office, released January 2,
2003).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.