**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-08-LA-0315      |
|                                  |   |                                 |
| Nevada Yellow Cab Corporation    | ) | NAL/Acct. No. 200932900001      |
| DBA Yellow Cab                   |   |                                 |
|                                  | ) | FRN: 0016127169                 |
| Licensee of Station KNNU518      |   |                                 |
|                                  | ) |                                 |
| Las Vegas, Nevada                |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

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

> Released: December 19, 2008

By the Acting Interim District Director, Los Angeles Office, Western
Region, Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Nevada Yellow Cab Corporation DBA Yellow Cab ("Nevada
    Yellow Cab"), licensee of Private Land Mobile radio station KNNU518,
    in Las Vegas, Nevada, apparently willfully and repeatedly violated
    Section 1.903(a) of the Commission\'s Rules (\"Rules\")[^1] by
    operating station KNNU518 on 152.375 MHz and 157.635 MHz,
    frequencies not authorized by its license, and by operating station
    KNNU518 from a location not authorized by its license. We conclude,
    pursuant to Section 503(b) of the Communications Act of 1934, as
    amended (\"Act\"),[^2] that Nevada Yellow Cab is apparently liable
    for a forfeiture in the amount of twelve thousand dollars
    (\$12,000).

# BACKGROUND

2.  On October 7, 2008, in response to a complaint alleging interference
    and unlicensed operation on 152.375 MHz and 157.635 MHz in the Las
    Vegas area, an agent from the Los Angeles Office used mobile
    direction finding techniques to locate the offending radio station
    operating on 152.375 and 157.635 MHz at 5225 West Post Road, Las
    Vegas, Nevada, with coordinates of 36º 04\' 05.5\" north latitude
    and 115º 12\' 39.5\" west longitude ("West Post Road Site"), an
    office of Nevada Yellow Cab. At the time of the investigation,
    Nevada Yellow Cab was authorized to transmit from 2535 Las Vegas
    Boulevard South, Las Vegas, Nevada with coordinates of 36º 08\'
    32.9\" north latitude and 115º 09\' 022\" west longitude ("Las Vegas
    Boulevard Site"), as well as 4740 South Valley View Boulevard, Las
    Vegas, Nevada, with coordinates of 36º 06\' 16.9\" north latitude
    and 115º 12\' 48\" west longitude ("South Valley View Boulevard
    Site") under station authorization KNNU518. Further, under KNNU518
    Nevada Yellow Cab was authorized to operate on 152.330 MHz and
    157.590 MHz only.[^3]

3.  On October 8, 2008, the Los Angeles agent again used mobile
    direction finding techniques to locate radio operations on 152.375
    MHz and 157.635 MHz being transmitted from Nevada Yellow Cab's
    location at the West Post Road Site.

4.  On October 9, 2008, the Los Angeles agent again used mobile
    direction finding techniques to locate radio operations on 152.375
    and 157.635 MHz being transmitted from Nevada Yellow Cab's location
    at the West Post Road Site. The agent then conducted an inspection
    of KNNU518. The agent interviewed the chief executive officer and
    system engineer for Nevada Yellow Cab. Both individuals acknowledged
    that they were aware that the license for frequencies 152.375 and
    157.635 MHz had expired several years prior but believed that Nevada
    Yellow Cab was working on having the license re-instated. In
    addition, both individuals acknowledged that the relocation of their
    transmitter site to the current location at West Post Road Site was
    operating a radio station from an unauthorized location. However,
    the managers stated that they believed that Nevada Yellow Cab had
    contracted with a company to secure proper FCC authorization to
    relocate their radio operations, but that the attempts were not
    successful.

5.  On October 27, 2008, a fax was sent to the Los Angeles Office from
    Nevada Yellow Cab detailing its efforts, since January 2006, to
    change its authorizations to reflect the 5225 West Post Road site.
    These efforts included discussions with consultants; however, these
    discussions were stopped in October 2007, and did not resume until
    April and June 2008. A review of Commission data bases revealed that
    an application to modify the KNNU518 license to include frequencies
    152.375 MHz and 157.635 MHz, and to change the transmitter location
    to the West Post Road Site, was filed with the Commission on October
    16, 2008, after the inspection by the FCC agent.[^4] This
    application was subsequently granted on November 14, 2008.

**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.[^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 October 7, 8, and 9,
    2008, a Los Angeles agent located transmissions from KNNU518 on
    152.375 MHz and 157.635 MHz emanating from Nevada Yellow Cab's West
    Post Road Site in Las Vegas, Nevada. At the time of the
    investigation, KNNU518 was not authorized to operate on 152.375 MHz
    or 157.635 MHz. Additionally, KNNU518 was not authorized to operate
    from the West Post Road Site. Section 1.947(a) of the Rules requires
    that all major modifications as defined in Section 1.929 of the
    Rules require prior Commission approval.[^7] Section 1.929(d)(1)(i)
    of the Rules defines one of the major actions as \"any change in
    transmit antenna location by more than 5 seconds in latitude or
    longitude for fixed point-to-point facilities.\"[^8] The calculated
    distance separating the KNNU518 point of operation from the West
    Post Road Site to the South Valley View Boulevard Site was greater
    than 2.5 miles (specifically, a difference of approximately 131
    seconds of latitude and approximately 9 seconds of longitude). For
    the Las Vegas Boulevard South Site authorized on the KNNU518
    license, the calculated distance separating this location from the
    point of operation at the West Post Road Site was greater than 5.9
    miles (specifically, a difference of approximately 267 seconds of
    latitude and approximately 197 seconds of longitude). Nevada Yellow
    Cab management was aware that radio station KNNU518 was operating on
    152.375 MHz and 157.635 MHz, and acknowledged that the current
    license for KNNU518 did not allow operation from the West Post Road
    Site. Therefore, the violations were willful. The violations
    occurred for more than one day, therefore, they were repeated. Based
    on the evidence before us, we find Nevada Yellow Cab apparently
    willfully and repeatedly violated Section 1.903(a) of the Rules by
    operating on frequencies not authorized on the KNNU518 license, and
    by operating KNNU518 from a location not authorized by its license.

8.  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, and the base forfeiture amount for operating
    land mobile stations from a location not authorized by its license
    is \$4,000.[^9] 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, and history of prior offenses,
    ability to pay, and other such matters as justice may require.[^10]
    As described above, Nevada Yellow Cab operated on two frequencies
    not authorized by the KNNU518 license. Additionally, Nevada Yellow
    Cab operated from a location not authorized by the KNNU518 license.
    Applying the *Forfeiture Policy Statement*, Section 1.80, and the
    statutory factors to the instant case, we conclude that Nevada
    Yellow Cab is apparently liable for a forfeiture of \$12,000.
    Although Nevada Yellow Cab has since been granted a modification to
    the KNNU518 license, the application for the modification was not
    filed with the Commission until after the inspection by the Los
    Angeles agent on October 9, 2008. The Commission has stated in the
    past that a licensee is expected to correct violations when they are
    brought to the licensee's attention and that such correction is not
    grounds for a downward adjustment in the forfeiture.[^11]

# IV. ORDERING CLAUSES {#iv.-ordering-clauses .unnumbered}

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, Nevada Yellow Cab
    Corporation DBA Yellow Cab is hereby NOTIFIED of this APPARENT
    LIABILITY FOR A FORFEITURE in the amount of twelve thousand dollars
    (\$12,000) for violations of Section 1.903(a) of the Rules.[^12]

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, Nevada Yellow Cab
    Corporation DBA Yellow Cab 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 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 sent to:  Chief Financial Officer \-- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington,
    D.C.  20554. [^13]  Please contact the Financial Operations Group
    Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
    questions regarding payment procedures. Nevada Yellow Cab
    Corporation DBA Yellow Cab will also send electronic notification on
    the date said payment is made to WR-Response@fcc.gov.

12. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Western Region, Los Angeles District
    Office, 18000 Studebaker Rd., Suite 660, Cerritos, CA 90703, and
    must include the NAL/Acct. No. referenced in the caption. An
    electronic copy shall be sent 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 Certified Mail, Return
    Receipt Requested, and regular mail, to Nevada Yellow Cab
    Corporation DBA Yellow Cab.

FEDERAL COMMUNICATIONS COMMISSION

Margaret Egler

Acting Interim District Director

Los Angeles Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: Along with station KNNU518, Nevada Yellow Cab is also the licensee
    of stations KNNU516, WPJH312 and WNCN965 in the Las Vegas area. At
    the time of the inspections, none of these licenses authorized
    Nevada Yellow Cab to operate on 152.375 MHz and 157.635 MHz.
    Additionally, none of these licenses authorized operations from 5225
    West Post Road, Las Vegas, Nevada.

[^4]: *See* File No. 0003612392.

[^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]: 47 C.F.R. § 1.947(a).

[^8]: 47 C.F.R. § 1.929(d)(1)(i).

[^9]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^10]: 47 U.S.C. § 503(b)(2)(E).

[^11]: *AT&T Wireless Services, Inc.*, 17 FCC Rcd 21866, 21871 (2002).

[^12]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    1.903(a).

[^13]: *See* 47 C.F.R. § 1.1914.