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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              
                                                                             
                                            )                                
                                                                             
                                            )                                


                                FORFEITURE ORDER

   Adopted: April 3, 2012 Released: April 4, 2012

   By the Regional Director, Western Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
       of twelve thousand dollars ($12,000) to DTG Operations Inc., d/b/a
       Dollar Rent-A-Car (Dollar) in San Diego, California, for willfully and
       repeatedly violating Section 301 of the Communications Act of 1934, as
       amended (Act), by operating an unlicensed transmitter; and violating
       Section 1.903(a) of the Commission's rules (Rules), which requires
       stations in the Wireless Radio Services to operate in accordance with
       the provisions of the rule that are applicable to their particular
       service and only with a valid authorization granted by the Commission.
       The noted violations involved Dollar's operation on frequency 452.250
       MHz without Commission authorization.

   II. BACKGROUND

    2. After receiving 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 mobile direction finding equipment on December 11
       and 14, 2009, to locate the source of the interference to spurious
       signals emitted from a transmitter on a Dollar airport shuttle bus.
       The transmitter on the shuttle bus was operating on frequency 452.250
       MHz, and emitting spurious signals as well, which were causing
       interference to the ground control frequencies. On December 14, 2009,
       during an inspection by the San Diego agents at Dollar's facility
       located near the San Diego International Airport, the manager of the
       facility took the transmitter that was the source of the spurious
       signals out of service and acknowledged that Dollar had no
       authorization to operate on frequency 452.250 MHz at the San Diego
       location.

    3. On January 12, 2010, the San Diego Office issued a letter of inquiry
       (LOI) 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 acknowledged that it did not have authorization to
       operate on 452.250 MHz in San Diego. Dollar 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 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.

    4. On December 10, 2010, the San Diego Office issued a Notice of Apparent
       Liability for Forfeiture (NAL) in the amount of $12,000 to Dollar for
       operating a land mobile station in San Diego, California, without the
       requisite Commission authorization. Dollar responded to the NAL on
       December 20, 2010. In its Response, Dollar requests that we reduce the
       proposed forfeiture because the violation was "an unintentional
       mistake," which Dollar readily admitted, and because Dollar cooperated
       fully in the investigation.

   III. DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       (Act), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement. In examining Dollar's response, Section 503(b) of
       the Act requires that the Commission take into account the nature,
       circumstances, extent, and gravity of the violation 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. We considered Dollar's response to the NAL in light of these
       statutory factors and find that reduction of the forfeiture is not
       warranted.

    6. 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 to the San Diego agents that it
       did not have an FCC authorization to operate on 452.250 MHz in the San
       Diego area.

    7. Although Dollar does not dispute the factual findings in the NAL, it
       asks for a reduction of the proposed forfeiture, claiming that the
       mistake was unintentional. The fact that Dollar's unauthorized
       operation may have resulted from an unintentional mistake does not
       excuse the particular violations found in this case. Under the
       applicable statute, the Commission need not demonstrate an intent to
       violate a rule to make a finding that a licensee engaged in willful
       misconduct. As stated in the NAL, Section 312(f)(1) of the Act, 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 . . . ."
       As the facts are undisputed that Dollar personnel operated the
       transmitter on frequency 452.250 MHz on the dates in question without
       Commission authorization, we find that its violation of Section 301 of
       the Act and Section 1.903(a) of the rules was therefore, according to
       Commission precedent, willful.

    8. Dollar also argues that a reduction is justified because it readily
       admitted its mistake and fully cooperated with the investigation.
       While we appreciate Dollar's cooperation, the overall facts in this
       case do not justify a reduction in the proposed forfeiture amount,
       especially when the record evidence shows that Dollar had been in
       violation of the Act and our Rules for a significant amount of time,
       and because the unauthorized operations caused interference with FAA
       operations, a serious public safety concern. Accordingly, as a result
       of our review of Dollar's NAL Response, pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement, we conclude that Dollar willfully and repeatedly violated
       Section 301 of the Act and Section 1.903(a) of the Rules. Considering
       the entire record and the factors listed above, we find that a
       forfeiture in the amount of $12,000 is warranted.

   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, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, DTG Operations
       Inc., d/b/a Dollar Rent-A-Car, IS LIABLE FOR A MONETARY FORFEITURE in
       the amount of twelve thousand dollars ($12,000) for willfully and
       repeatedly violating Section 301 of the Communications Act of 1934, as
       amended, and Section 1.903(a) of the Commission's rules.

   10. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days of the
       release of this Forfeiture Order. If the forfeiture is not paid within
       the period specified, the case may be referred to the U.S. 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/Account number and FRN 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.  DTG Operations Inc., d/b/a Dollar
       Rent-A-Car, shall also send electronic notification on the date said
       payment is made to WR-Response@fcc.gov

   11. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by both First Class Mail and Certified Mail, Return Receipt
       Requested, to DTG Operations Inc., d/b/a Dollar Rent-A-Car, 5330 E.
       31st Street, Tulsa, Oklahoma 74153.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   See Letter of Inquiry from William R. Zears, Jr., District Director, San
   Diego Office, Western Region, FCC Enforcement Bureau, to Dollar Rent-A-Car
   (Jan. 11, 2010) (on file in EB-09-SD-0152).

   See Letter from James S. Anderson, Maintenance Manager, DTG Operations,
   Inc., to William R. Zears, Jr., District Director, San Diego Office,
   Western Region, FCC Enforcement Bureau (filed Mar.10, 2010) (on file in
   EB-SD-09-0152) (LOI Response).

   Id. at 1.

   Id. at 2.

   Id. at 1.

   DTG Operations Inc. d/b/a Dollar Rent-A-Car, Notice of Apparent Liability
   for Forfeiture, 25 FCC Rcd 17144 (Enf. Bur., San Diego Office 2010) (NAL).

   See Response of Dollar (filed Dec. 20, 2010) (on file in EB-09-SD-0152)
   (Response).

   See id. at 1.

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

   47 C.F.R. S: 1.80.

   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), recons. denied, 15 FCC Rcd 303 (1999) (Forfeiture
   Policy Statement).

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

   47 U.S.C. S: 301.

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

   See Response at 1.

   47 U.S.C. S: 312(f)(1).

   NAL, 25 FCC Rcd at 17145 n.7 (quoting Application for Review of Southern
   California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387,
   4388 (1991)).

   Response at 1.

   See Five Star Parking d/b/a Five Star Dispatch, Forfeiture Order, 23 FCC
   Rcd 2649, 2651 (Enf. Bur. 2008) (responsive and cooperative behavior from
   the subject of an investigation is expected and does not justify reduction
   or cancelation of a forfeiture).

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4), 1.903(a).

   47 U.S.C. S: 504(a).

   Federal Communications Commission DA 12-536

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   Federal Communications Commission DA 12-536