Subject: [NEXTEL-1] Portland Taxicab Company Fined $12,000.00 For Causing Interference In The Amateur Band

From: [email-masked]
Date: Tue, 10 Feb 2004 14:11:40 -0500

Portland Taxicab Company Fined $12,000.00 For Causing Interference In The
Amateur Band

                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                   )
                                                             )
Portland Taxicab Company           )      File Number EB-03-PO-070
                                  )
Licensee of Station WPRJ576        )    NAL/Acct. No. 200432920001
Portland, Oregon                   )              FRN 000-865-1051

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  January
                          30, 2004

By the Enforcement Bureau, Portland Resident Agent Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for
Forfeiture (``NAL''), we find  that Portland Taxicab Company
(``Portland Taxi''), the licensee  of radio station WPRJ576,
apparently  willfully   and  repeatedly   violated  Sections
1.903(a),   90.210,   90.403(e)   and   90.425(a)   of   the
Commission's  Rules  (``Rules''),1  by operating  the  radio
station   inconsistent    with   terms   of    the   station
authorization, emitting excessive emissions, causing harmful
interference  to an  amateur  radio station  and failing  to
transmit  proper   station  identification.    We  conclude,
pursuant  to Section  503(b)  of the  Communications Act  of
1934, as  amended (``Act''),2 that Portland  Taxicab Company
is  apparently liable  for  a forfeiture  in  the amount  of
twelve thousand dollars ($12,000).

                         II.  BACKGROUND

     2.   On  March  13,  2003, the  Federal  Communications
Commission's  (``FCC'')   Portland  Resident   Agent  Office
received a  complaint from  amateur radio station  AB7F that
interference  was  being  received  in  the  frequency  band
440.700 -  440.780 MHz.   An agent  from the  FCC's Portland
Resident  Agent  Office  monitored the  frequency  band  and
observed   the   interference.    The  agent   located   the
interfering signal  to a  repeater station operating  on the
frequencies 452.250 MHz and 457.250  MHz on top of Mt. Scott
in Clackamas  County, Oregon.  The  geographical coordinates
for the  repeater location are 45°27'17"  north latitude and
122°33'01"  west longitude.   A search  of the  Commission's
records did not reveal any licenses issued to operate on the
frequencies 452.250 MHz or  457.250 MHz at this geographical
location.    The  agent   observed  and   measured  spurious
emissions in the frequency band  from 440.700 MHz to 440.780
MHz at  approximately 55 dB below  the fundamental frequency
452.250  MHz  transmitted  from this  repeater.   The  agent
located  the control  point  station of  the  repeater to  a
business owned by  Portland Taxi at 12624  NE Halsey Street,
Portland,  Oregon 97230.   The agent  inspected the  control
point station  at this  address and  observed a  FCC license
posted  with call  sign WPRJ576  issued to  Portland Taxicab
Company  to  operate  a  repeater  and  mobile  stations  on
frequencies 452.125 MHz and 457.125 MHz in Clackamas County,
Oregon.   The  agent issued  a  verbal  warning to  Portland
Taxicab's   office  manager   concerning  the   unauthorized
operation on  frequencies 452.250 MHz and  457.250 MHz.  The
agent also  issued a verbal warning  concerning the spurious
emissions  transmitted by  the repeater  transmitter on  Mt.
Scott that  caused interference to amateur  station AB7F and
the   violation  of   failure   to   transmit  the   station
identification.   The FCC  agent  was  advised that  actions
would  be  taken  to  change the  frequencies  and  fix  the
transmitter.

     3.   On March  17, 2003, the agent  again monitored the
frequencies  452.250   MHz  and  457.250  MHz.    The  agent
determined  that  Portland  Taxi,  despite  verbal  warnings
received  on  March 13,  2003,  was  still using  the  above
frequencies at the same locations without FCC authorization,
was   transmitting    spurious   emissions,    was   causing
interference and failed to identify the station.

                      III.  DISCUSSION

     4.   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  any rule,  regulation  or order  issued by  the
Commission  there under,  shall be  liable for  a forfeiture
penalty.3  The  term ``willful''  as used in  Section 503(b)
has  been  interpreted  to  mean simply  that  the  acts  or
omissions are committed knowingly  and the term ``repeated''
means the commission  or omission of the act  more than once
or for more than one day.4

     5.   Section 1.903(a) of the  Rules requires that radio
stations operating  pursuant to Part 90  of the Commission's
Rules  must be  used and  operated only  in accordance  with
Rules  applicable to  their  particular service  and with  a
valid authorization  granted by  the FCC.  Portland  Taxi is
authorized to  operate only  on frequencies 452.125  MHz and
457.125 MHz,  but was  operating on the  frequencies 452.250
and 457.250 MHz, which are Commission allocated frequencies.

     6.   Section   90.210  of   the  Rules   requires  that
equipment operated with a 25 kHz channel bandwidth must meet
the  attenuation  requirement at  least  43  + 10  Log(power
output)  dB for  any  emission removed  from  the center  of
authorized  bandwidth by  more than  250 percent.   Portland
Taxi's  license,  WPRJ576,  was assigned  with  an  emission
20K0F3E (20kHz  bandwidth) at  a power  output of  75 watts.
Therefore, any  emissions in  the frequency band  440.700 to
440.780 MHz must be attenuated at  least 62 dB.  At the time
of the inspection, the agent measured the spurious emissions
in the frequency  band 440.700 to 440.780 MHz at  a level of
55 dB attenuated from the fundamental frequency 452.250 MHz.
The  spurious emissions  in  the frequency  band 440.700  to
440.780  MHz caused  harmful interference  to amateur  radio
station AB7F.

     7.   Section 90.403(e) of  the Rules requires licensees
to   take   reasonable    precautions   to   avoid   causing
interference,   including  monitoring   the  frequency   for
communications  in progress  and  other measures  as may  be
necessary   to   minimize    the   potential   for   causing
interference.   The  radio   station  WPRJ576,  operated  by
Portland Taxi,  was observed  causing interference  on March
13,  2003, was  issued  a  warning on  March  13, 2003,  but
continued transmitting and causing interference on March 17,
2003.

     8.   Section 90.425(a) of the  Rules requires that each
station or system licensed in Part 90 is to be identified by
the  transmission  of the  assigned  call  sign during  each
transmission  or exchange  of  transmissions,  or once  each
fifteen  minutes.   The   agent  monitored  Portland  Taxi's
transmissions on  March 13 and  March 17, 2003, and  did not
observe any station call sign.

     9.   Based on the  evidence before us, we  find that on
March  13  and  March  17, 2003,  Portland  Taxicab  Company
willfully and  repeatedly violated  Section 1.903(a)  of the
Rules by  operating on  frequencies 452.250 MHz  and 457.250
MHz without  a valid  FCC authorization, Section  90.210 and
90.403(e)  by transmitting  spurious emissions  resulting in
interference  to  an  amateur   radio  station  and  Section
90.425(a) by failing to transmit the station identification.
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),5 and
Section 1.80 of the Commission's Rules,6 the base forfeiture
amount for operating on an unauthorized frequency is $4,000,
for  causing  interference  is  $7,000 and  for  failing  to
provide station identification  is $1,000.  Accordingly, the
total  base  forfeiture in  this  instance  is $12,000.   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 violation(s), 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.7  Applying  the Forfeiture
Policy Statement  and the  statutory factors to  the instant
case, a $12,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     10.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to
Section 503(b)  of the  Act, and  Sections 0.111,  0.311 and
1.80 of the Commission's Rules,8 Portland Taxicab Company is
hereby NOTIFIED of this  APPARENT LIABILITY FOR A FORFEITURE
in  the  amount of  twelve  thousand  dollars ($12,000)  for
violating  Sections   1.903(a),   90.210,    90.403(e),  and
90.425(a) of the Commission's Rules.9

     11.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section
1.80 of the Rules, within thirty days of the release date of
this NOTICE OF APPARENT  LIABILITY, Portland Taxicab Company
SHALL  PAY the  full amount  of the  proposed forfeiture  or
SHALL  FILE   a  written  statement  seeking   reduction  or
cancellation of the proposed forfeiture.

     12.  Payment of the forfeiture may be made by mailing a
check or  similar instrument,  payable to  the order  of the
Federal   Communications  Commission,   to  the   Forfeiture
Collection Section,  Finance Branch,  Federal Communications
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.
The  payment   must  include  the  NAL/Acct.   No.  and  FRN
referenced in the caption.

     13.  The response,  if any,  must be mailed  to Federal
Communications Commission, Office of the Secretary, 445 12th
Street SW, Washington, D.C.  20554, Attn: Enforcement Bureau
-  Spectrum  Enforcement  Division   and  must  include  the
NAL/Acct. No. referenced in the caption.

     14.  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.

     15.  Requests for  payment of  the full amount  of this
NAL  under an  installment plan  should be  sent to:  Chief,
Revenue and  Receivables Operations Group, 445  12th Street,
S.W., Washington, D.C. 20554.10

     16.  Under the  Small Business Paperwork Relief  Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a  two-year tracking process regarding the
size of entities involved in forfeitures.  If you qualify as
a small  entity and  if you  wish to be  treated as  a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL  or in  a separate  filing to  be sent  to the  Spectrum
Enforcement  Division.  Your  certification should  indicate
whether   you,  including   your  parent   entity  and   its
subsidiaries, meet one  of the definitions set  forth in the
list provided by the FCC's Office of Communications Business
Opportunities  (OCBO)  set forth  in  Attachment  A of  this
Notice of Apparent Liability.  This information will be used
for  tracking purposes  only.  Your  response or  failure to
respond to this question will  have no effect on your rights
and  responsibilities  pursuant  to Section  503(b)  of  the
Communications Act.  If you  have questions regarding any of
the information  contained in  Attachment A,  please contact
OCBO at 202-418-0990.

     17.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL
shall  be sent  by regular  mail and  Certified Mail  Return
Receipt  Requested to  Portland  Taxicab  Company, 12624  NE
Halsey Street, Portland, Oregon 97230.

                         FEDERAL COMMUNICATIONS COMMISSION

                         Binh Nguyen
                         Portland Resident Agent Office
                         Enforcement Bureau

Enclosure:  Attachment A
_________________________

1  47 C.F.R. §§ 1.903(a), 90.210, 90.403(e) and 90.425(a).

2  47 U.S.C. §503(b).

3  47 U.S.C. § 503(b).

4  Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1),
which applies to 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 4387-88 (1991).  Section 312(f)(2) of the Act, 47 U.S.C.
§ 312(f)(2), which also applies to Section 503(b), provides:
``[t]he term ``repeated'', when use 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.''

5 The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC
Rcd 303 (1999).

6 47 U.S.C. § 1.80(b)(4).

7 47 U.S.C. § 503(b)(2)(D).

8 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80.

9 47 C.F.R. §§ 1.903(a), 90.210, 90.403(e) and 90.425(a).

10 See 47 C.F.R. § 1.2914.

http://www.fcc.gov/eb/FieldNotices/2003/DOC-243467A1.html
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