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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
     In the Matter of                                                        
                                            )   File Number: EB-09-SD-0152   
     DTG Operations Inc. d/b/a Dollar                                        
     Rent-A-Car                             )   NAL/Acct. No.: 201132940001  
                                                                             
     San Diego, California                  )   FRN: 0019529643              
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: December 9, 2010 Released: December 10, 2010

   By the District Director, San Diego District Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that DTG Operations Inc., d/b/a Dollar Rent-A-Car ("Dollar"),
       apparently  willfully and repeatedly violated Section 301 of the
       Communications Act of 1934, as amended, ("Communications Act" or
       "Act")  and Section 1.903(a) of the Commission's Rules ("Rules") by
       operating a land mobile station in San Diego, California without the
       requisite Commission authorization. We conclude that Dollar is
       apparently liable for a forfeiture in the amount of twelve thousand
       dollars ($12,000).

   II. BACKGROUND

    2. On December 11, 2009, in response to complaints from the Federal
       Aviation Administration ("FAA") of intermittent interference to three
       ground control frequencies used by air traffic controllers at the San
       Diego International Airport, agents from the Enforcement Bureau's San
       Diego Office ("San Diego Office") used direction-finding techniques to
       locate the source of the interference to spurious signals emitted from
       a Dollar transmitter on an airport shuttle bus.

    3. On December 14, 2009, agents from the San Diego Office used
       direction-finding techniques to locate the source of the spurious
       signals to a land mobile radio operating on the frequency 452.250 MHz.
       The agents heard very brief conversations on 452.250 MHz which
       appeared to refer to the arrivals and departures from "terminal one"
       or "terminal two." These transmissions lasted only one or two seconds.
       The agents also observed that Dollar had four shuttle buses in
       operation that day and the interference coincided with the activity on
       Dollar's shuttle bus #28.

    4. Also, on December 14, 2009, before conducting an inspection of the
       Dollar land mobile radio system, the agents reviewed the Commission's
       records. While the agents found numerous licenses issued to other
       Dollar locations for various radio frequencies, they found no licenses
       issued to Dollar to operate on 452.250 MHz in San Diego. The agents
       then returned to Dollar's office at 2499 Pacific Highway, San Diego,
       California and conducted an inspection of Dollar's land mobile radio
       system. The local manager of the Dollar facility did not have
       documentation of any FCC authorization to use frequency 452.250 MHz.
       Upon notification by the agents of the interference to the ground
       control frequencies at nearby San Diego International Airport, the
       Dollar manager had the radio transmitter removed from shuttle bus #28
       and no further interference has been reported.

    5. On January 12, 2010, the San Diego Office issued a Letter of Inquiry
       to Dollar.

   On March 10, 2010, the San Diego Office received a reply to the LOI from
   Dollar's senior maintenance manager. In its LOI Response, Dollar stated
   that it did not have authorization to operate on 452.250 MHz in San Diego.
   Dollar also provided a copy of an FCC Industrial/Business radio station
   authorization, WQLJ666, granted by the Commission on February 16, 2010,
   for operation on 463.450 MHz and 463.7375 MHz. Dollar also stated that its
   radios were installed by a local radio company in 1998, and had been in
   use on 452.250 MHz since that time.

   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) 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 301 of the Act states that "[n]o person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio... except under and in accordance with this Act and
       with a license in that behalf granted under the provisions of this
       Act." Section 1.903(a) of the Rules states that "[s]tations in the
       Wireless Radio Services must be used and operated only in accordance
       with the rules applicable to their particular service as set forth in
       this title and with a valid authorization granted by the Commission .
       . . ." On December 11, 2009 and December 14, 2009, agents from the San
       Diego Office determined that an unlicensed land mobile radio system
       was operating on the frequency 452.250 MHz from a Dollar airport
       shuttle bus. Dollar admitted that it did not have an FCC authorization
       to operate on 452.250 MHz in the San Diego area. The violation was
       repeated because it occurred on more than one day. The violation was
       willful because Dollar consciously and deliberately used its land
       mobile radios on the frequency 452.250 MHz without the requisite
       Commission authorization. Based on the evidence before us, we find
       that Dollar  apparently willfully and repeatedly violated Section 301
       of the Act and Section 1.903(a) of the Rules.

    8. Pursuant to the Commission's Forfeiture Policy Statement and Section
       1.80 of the Rules, the base forfeiture amount for operation of a
       station 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, any history of prior offenses, ability to pay, and other
       such matters as justice may require. Dollar admitted that its
       unlicensed operation on 452.250 MHz had been ongoing since 1998. While
       earlier precedent might suggest a lower forfeiture amount, we note
       that the unlicensed operation was ongoing for 11 years and that it
       posed significant public safety risks given the interference to FAA
       ground control frequencies. Considering the totality of the evidence,
       and given the duration of the unauthorized operation and the gravity
       of the public safety risks posed by the operation, we find that no
       downward adjustment of the base forfeiture of $10,000 is warranted and
       that an upward adjustment is warranted. Applying the Forfeiture Policy
       Statement, Section 1.80 of the Rules, and the statutory factors to the
       instant case, we conclude that Dollar is apparently liable for a
       forfeiture in the amount of $12,000.

   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, DTG Operations Inc., d/b/a
       Dollar Rent-A-Car, is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of twelve thousand dollars ($12,000) for
       apparently willfully and repeatedly violating Section 301 of the Act
       and Section 1.903(a) of the Rules.

   10. 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, DTG Operations Inc.,
       d/b/a Dollar Rent-A-Car, 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 credit card, 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. Dollar shall also send
       electronic notification to WR-Response@fcc.gov on the date said
       payment is made.

   12. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       Sections 1.80(f)(3) and 1.16 of the Rules. The written statement must
       be mailed to Federal Communications Commission, Enforcement Bureau,
       Western Region, San Diego Office, 4542 Ruffner Street, Suite 370, San
       Diego, California, 92111, and must include the NAL/Acct. No.
       referenced in the caption. An electronic copy shall also be emailed to
       WR-Response@fcc.gov.

   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 both regular mail and Certified Mail,
       Return Receipt Requested to DTG Operations Inc., d/b/a Dollar
       Rent-A-Car , at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   William R. Zears, Jr.

   District Director

   San Diego District Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 301. .

   47 C.F.R. S: 1.903(a).

   The agents noted that multiple transmitters on 452.250 MHz were in use but
   determined that only one appeared to be generating the spurious signals.

   See  Letter of Inquiry from William R. Zears, Jr., District Director, San
   Diego Office, Western Region, Enforcement Bureau, to Dollar Rent-A-Car,
   dated January 11, 2010 ("LOI").

   See Letter from James S. Anderson, Maintenance Manager, DTG Operations,
   Inc., to William R. Zears, Jr., District Director, San Diego Office,
   Western Region, Enforcement Bureau, dated March 10, 2010 ("LOI Response").

   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, e.g., Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
   FCC Rcd 3454 (1992).

   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."

   47 U.S.C. S: 301.

   47 C.F.R. S: 1.903(a).

   See supra n.8.

   See supra n.7.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
   FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.

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

   See e.g., Gateway Security Systems, Inc., Forfeiture Order, 18 FCC Rcd
   24026 (EB 2003) (unlicensed operation was not analogous to the intentional
   unlicensed operation of a "pirate" station operator who operates its
   station in flagrant violation of Commission rules).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 10-2338

                                       2

   Federal Communications Commission DA 10-2338