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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File Number: EB-06-NY-047
Discovery Transportation
) NAL/Acct. No: 200732380008
Licensee of WQCK981
) FRN: 0014 6150 58
New York, NY
)
)
FORFEITURE ORDER
Adopted: January 28, 2008 Released: January 30, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Discovery
Transportation ("Discovery") for willfully and repeatedly violating
Section 1.903(a) of the Commission's Rules by operating radio
transmitting equipment on the frequency 463.350 MHz from an
unauthorized location with an antenna that exceeded the authorized
height.
2. On February 26, 2007, the Commission's New York Field Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$4,000 to Discovery for operating radio transmission equipment on
463.350 MHz from an unauthorized location with an antenna that
exceeded the authorized height. Discovery does not dispute the
findings in the NAL, but requests a cancellation of the forfeiture
based on the corrective actions it took after the inspection by the
FCC agents and the fact that the proposed forfeiture will place a
"heavy burden" on Discovery's small business.
II. DISCUSSION
3. We decline to cancel or reduce the forfeiture based on the actions
Discovery took after the agent's inspection. The Commission
consistently has held that corrective action taken to come into
compliance with the Rules is expected, and does not nullify or
mitigate any prior forfeitures or violations.
4. We likewise decline to reduce or cancel the forfeiture based on the
alleged "heavy burden" it will place on Discovery. As noted in the
NAL, the Commission does not consider reducing or canceling a
forfeiture in response to a claim of inability to pay unless such
claim is supported by: (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
respondent's current financial status. Despite this explicit
direction, Discovery has provided no documentation to support its
claim that payment of the forfeiture will be burdensome.
III. ORDERING CLAUSES
5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Discovery
Transportation IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$4,000 for willfully and repeatedly violating Section 1.903(a) of the
Rules.
6. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (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. 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/Acct. No. and FRN No. referenced above. Payment by check or money
order may be mailed to Federal Communications Commission, P.O. Box
358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
911-6106. Requests for full payment under an installment plan should
be sent to: Associate Managing Director, Financial Operations, 1A625,
445 12th Street, S.W., Washington, D.C. 20554.
7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by First Class Mail and Certified Mail Return Receipt Requested
to Discovery Transportation at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.903(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380008
(Enf. Bur., New York Office, released February 26, 2007) ("NAL"). The New
York Office also admonished Discovery in the NAL for failing to transmit
its call sign identification at least once every fifteen minutes, as
required by 90.425(a) of the Rules.
See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994); see
also AT&T Wireless Services, Inc., 17 FCC Rcd 21871-76 (2002).
See NAL para. 17; See also Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines ("Forfeiture Policy Statement"), 12 FCC Rcd 17087, 17106-07
(1997), recon. denied, 15 FCC Rcd 3030 (1999).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 08-174
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Federal Communications Commission DA 08-174