**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-04-SD-190       |
|                                  |   |                                 |
| International Customs Brokers,   | ) | NAL/Acct. No: 200532940004      |
| Inc.                             |   |                                 |
|                                  | ) | FRN: 0012-2586-20               |
| Licensee of WNTT908              |   |                                 |
|                                  | ) |                                 |
| San Diego, California            |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: September 28, 2005

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that International Customs Brokers, Inc. (\"ICB\"), licensee of
    station WNTT908, in San Diego, California, apparently willfully and
    repeatedly violated Section 1.903(a) of the Commission\'s Rules
    (\"Rules\")[^1] by operating microwave radio transmitting equipment
    on an unauthorized microwave channel of 21585.0 MHz.[^2] We
    conclude, pursuant to Section 503(b) of the Communications Act of
    1934, as amended (\"Act\"),[^3] that ICB is apparently liable for a
    forfeiture in the amount of four thousand dollars (\$4,000).

# BACKGROUND

2.  On December 3, 2004, an agent from the Commission's San Diego Office
    was investigating allegations that companies in the Otay Mesa area
    of San Diego were using unauthorized microwave radio stations to
    communicate with sister companies across the U.S. -- Mexico border
    in Tijuana, Mexico. The agent monitored and measured the
    transmissions of a microwave radio station operated at an office
    occupied by International Customs Brokers, Inc. at 2215 Paseo de las
    Americas, San Diego, California. The frequency measurement showed
    that this microwave radio station was operating on microwave channel
    21585.0 MHz.

3.  The agent had a discussion with the ICB's radio equipment technician
    and was advised that there was an authorization for this microwave
    radio station. The authorization was WNTT908, issued to Global
    Manufacturing Services for microwave channel 22125.0 MHz at a nearby
    address of 9830 Siempre Viva Road, San Diego, California. Also,
    there was a pending application to transfer this station to ICB.[^4]
    On December 21, 2004, the Commission granted ICB's request for
    assignment and issued a license to ICB under call sign WNTT908, but
    with the original microwave channel and station location.

4.  The agent returned to the ICB office on February 17, 2005, and again
    measured the frequency of the microwave radio station. The
    measurement indicated that the station was operating on microwave
    channel 21585.0 MHz. On February 27, 2005, the San Diego Office sent
    a Letter of Inquiry ("LOI") to ICB concerning its unauthorized
    operation on microwave channel 21585.0 MHz, in violation of Section
    1.903(a) of the Commission's Rules. On March 10, 2005, the manager
    of ICB visited the FCC's San Diego Office to discuss the LOI and he
    was advised to submit his response in writing.

5.  On March 24, 2005, an agent of the Commission's San Diego Office
    found that station WNTT908 was still operating on microwave channel
    21585.0 MHz. On August 10, 2005, an agent of the Commission's San
    Diego Office returned to the ICB office and confirmed that station
    WNTT908 was now operating on the authorized microwave channel of
    22125.0 MHz.

# 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) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^5] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^6]

7.  Section 1.903(a) of the Rules requires that stations in the Wireless
    Radio Services must be used and operated only in accordance with the
    rules applicable to their particular service, and with a valid
    authorization granted by the Commission. On December 3, 2004,
    February 17, 2005 and March 24, 2005, San Diego agents determined
    that ICB was operating microwave radio station WNTT908 on the
    unauthorized microwave channel of 21585.0 MHz. Agents made ICB aware
    that its station was operating on the wrong frequency and at the
    wrong address. ICB, however, failed to make necessary corrections
    for several months.

8.  ICB was aware of the licensed frequency for WNTT908 but failed to
    operate on it. Therefore, its violation was willful. The violation
    occurred on more than one day, therefore, it was repeated. Based on
    the evidence before us, we find that ICB apparently willfully and
    repeatedly violated Section 1.903(a) of the Rules by operating a
    microwave radio station on an unauthorized microwave channel of
    21585.0 MHz.

9.  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 using an unauthorized
    frequency is \$4,000.[^7] 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.[^8] San Diego agents have confirmed ICB is now
    operating on its authorized frequency. The Commission has stated in
    the past that a licensee is expected to correct errors when they are
    brought to the licensee's attention and that such correction is not
    grounds for a downward adjustment in the forfeiture.[^9]
    Accordingly, applying the *Forfeiture Policy Statement*, Section
    1.80, and the statutory factors, we conclude that ICB is apparently
    liable for a forfeiture in the amount of \$4,000.

10. We will also require ICB to file a report with the District Director
    of the San Diego Office concerning ICB's efforts to bring its
    microwave radio station into compliance with terms of its
    authorization for station WNTT908. Specifically, ICB must detail how
    it has relocated its transmitter to the coordinates specified in the
    station authorization, or how it has amended its authorization to
    accurately reflect the location of the transmitter.

# ORDERING CLAUSES

11. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311 and 1.80 of the Commission\'s Rules, International Customs
    Brokers, Inc. is hereby **NOTIFIED** of this **APPARENT LIABILITY
    FOR A FORFEITURE** in the amount of four thousand dollars (\$4,000)
    for violation of Section 1.903(a) of the Rules.[^10]

12. **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, International
    Customs Brokers, Inc. **SHALL PAY** the full amount of the proposed
    forfeiture or **SHALL FILE** a written statement seeking reduction
    or cancellation of the proposed forfeiture.

13. **IT IS FURTHER ORDERED** that International Customs Brokers, Inc.,
    **SHALL FILE,** within thirty (30) days of the release of this
    Notice, a report with the District Director, San Diego Office,
    concerning International Customs Brokers, Inc.'s efforts to come
    into compliance with the authorization for station WNTT908, as
    detailed above.

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, Western Region, San Diego Office,
    4542 Ruffner Street, Suite 370, San Diego, California 92111, 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: Chief, Revenue and Receivables Operations Group, 445 12th
    Street, S.W., Washington, D.C. 20554.[^11]

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 International Customs
    Brokers, Inc. at its address of record.

FEDERAL COMMUNICATIONS COMMISSION

William R. Zears, Jr.

District Director

San Diego Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a).

[^2]: 47 C.F.R. § 101.147(s).

[^3]: 47 U.S.C. § 503(b).

[^4]: *See* File No. 0001961221.

[^5]: Section 312(f)(1) of the Act, 47 U.S.C. § 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).

[^6]: Section 312(f)(2) of the Act, 47 U.S.C. § 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."

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(D).

[^9]: *AT&T Wireless Services, Inc.,* 17 FCC Rcd 21866, 21871-76 (2002).

[^10]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80, 1.903(a).

[^11]: *See* 47 C.F.R. § 1.1914.