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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


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                                       )                               
                                                                       
                                       )                               
     In the Matter of                       File Number: EB-06-NY-031  
                                       )                               
     New Relampago Car Service Corp.       NAL/Acct. No: 200732380006  
                                       )                               
     Brooklyn, NY                                   FRN: 0014 7796 80  
                                       )                               
                                                                       
                                       )                               
                                                                       
                                       )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: January 31, 2007

   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 New Relampago Car Service Corp. ("New Relampago") in Brooklyn,
       NY, apparently willfully and repeatedly violated Section 301 of the
       Communications Act of 1934, as amended ("Act"), by  operating a base
       station and mobile units on the frequency 35.08 MHz without the
       required license. We conclude, pursuant to Section 503(b) of the Act,
       that New Relampago is apparently liable for a forfeiture in the amount
       of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On February 7, 2006, in response to an interference complaint, an
       agent in the Commission's New York Office conducted a station
       inspection of New Relampago, which is located at 361 Union Ave,
       Brooklyn, NY 11211. The agent conducted the inspection with one of New
       Relampago's owners. The agent determined that New Relampago operated a
       base station and mobile units on the frequency 35.08 MHz.

    3. During the inspection, New Relampago stated to the agent that it did
       not have a copy of its license at the station. New Relampago also
       directed the agent to its radio service technician, who stated that an
       application had been filed with the FCC and that New Relampago was
       licensed to operate. At the agent's request, New Relampago agreed to
       send a copy of its license to the agent via facsimile. The agent
       warned New Relampago that it needed to have its FCC license posted at
       all times and that, if it was unable to provide the agent with a
       license, it would be in violation of the FCC's Rules and must cease
       operations immediately.

    4. Later that day, the agent searched the Commission's database and found
       that there was no evidence of a Commission authorization for New
       Relampago to operate a base station and mobile units on the frequency
       35.08 MHz in Brooklyn, NY. The agent contacted New Relampago by
       telephone and informed the owner that no records were found on the FCC
       database for any current license or application for New Relampago Car
       Service Corp. The only license in the database for New Relampago had
       expired on February 21, 2005. The agent again warned New Relampago to
       cease all operations and advised the owner that failure to do so would
       subject New Relampago to a possible fine.

    5. On February 9, 2006, the agent, using a mobile direction finding
       vehicle, monitored the frequency 35.08 MHz and determined that the
       transmissions were coming from New Relampago, located at 361 Union
       Ave, Brooklyn, NY 11211. There continued to be no evidence in the
       Commission's database of an authorization for New Relampago to operate
       a base station and mobile units on the frequency 35.08 MHz in
       Brooklyn, NY.

    6. On February 28, 2006, the New York Office sent a Notice of Unlicensed
       Operation to New Relampago for operating a base station and mobile
       units on the frequency 35.08 MHz, without the required license, in
       violation of Section 301 of the Communications Act. The Notice of
       Unlicensed Operation sent via certified mail was signed for and dated
       on March 22, 2006, and the certified mail return receipt was returned
       to the New York Office by the U.S. Postal Service. To date, the New
       York Office has not received a reply to the Notice of Unlicensed
       Operation.

    7. On March 22, 2006, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequency 35.08 MHz and determined that
       the transmissions were coming from New Relampago, located at 361 Union
       Ave, Brooklyn, NY 11211. There continued to be no evidence in the
       Commission's database of an authorization for New Relampago to operate
       a base station and mobile units on the frequency 35.08 MHz in
       Brooklyn, NY.

   III. DISCUSSION

    8. 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.

    9. Section 301 of the Act states that no person shall use or operate any
       apparatus for the transmission of energy or communications or signals
       by radio within the United States except under and in accordance with
       the Act and with a license granted under the provisions of the Act. On
       February 7, 2006, during an inspection at New Relampago's station, a
       Commission agent determined that New Relampago was operating a base
       station and mobile units on the frequency 35.08 MHz without
       authorization. Notwithstanding an oral warning during the inspection,
       the agent found on February 9, 2006, that New Relampago continued to
       operate a base station and mobile units on the frequency 35.08 MHz
       without authorization. In addition, even after receiving a written
       Notice of Unlicensed Operation from the New York Office, which was
       dated February 28, 2006, the agent found on March 22, 2006 that New
       Relampago continued to operate a base station and mobile units without
       authorization. Because New Relampago continued to operate its base
       station and mobile units without authorization after receiving oral
       and written warnings from the agent, we find that New Relampago's
       actions were willful. New Relampago operated without a license for
       more than one day; therefore, we conclude that New Relampago's
       apparent violation was repeated.

   10. Based on the evidence before us, we find that New Relampago apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       a base station and mobile units on the frequency 35.08 MHz, without
       the required license.

   11. 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 operation 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)(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, and
       the statutory factors to the instant case, we conclude that New
       Relampago is apparently liable for a ($10, 000) forfeiture.

   IV. ORDERING CLAUSES

   12. 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, New Relampago Car Service
       Corp. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE
       in the amount of ten thousand dollars ($10,000) for violation of
       Section 301 of the Act.

   13. 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, New Relampago Car
       Service Corp. SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   14. 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.

   15. 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.

   16. 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.

   17. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   18. 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 New Relampago Car Service Corp. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S 301.

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

   New Relampago's license for WPGP978 was for operation of one base station
   and 100 mobile units on 35.08 MHz. The license was issued on January 27,
   2000 and expired on February 21, 2005.

   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.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

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

   47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission