**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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

**Adopted: November 10, 2004 Released: November 18, 2004**

By the Assistant Chief, Enforcement Bureau:

**I.** **INTRODUCTION**

1\. In this *Forfeiture Order* ("*Order*"), we issue a monetary
forfeiture in the amount of twelve thousand dollars (\$12,000), to
Portland Taxicab Company (\"Portland Taxicab\"), licensee of Station
WPRJ576, for its willful and repeated violation of Sections 1.903(a),
90.210, 90.403(e) and 90.425(a) of the Commission\'s Rules
(\"Rules\").[^1] The noted violations involve Portland Taxicab's
operation on frequencies 452.250 and 457.250 MHz without valid FCC
authorization, transmission of spurious emissions resulting in harmful
interference to an amateur radio station, and failure to transmit proper
station identification.

2\. On January 30, 2004, the Resident Agent of the Commission\'s
Portland, Oregon Field Office (\"Portland Office\") issued a *Notice of
Apparent Liability for Forfeiture* (\"*NAL*\")[^2] in the amount of
twelve thousand dollars (\$12,000). Portland Taxi filed a response on
February 27, 2004.

**II. BACKGROUND**

3\. On March 13, 2003, the Portland Office received a complaint from
amateur radio station AB7F that interference was being received in its
frequency band of 440.700 MHz -- 440.780 MHz. An agent 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. Using the geographical coordinates for the station,[^3] the
agent searched the Commission records[^4] which did not reveal any
licenses authorized to operate on the frequencies 452.250 MHz or 457.250
MHz within this location. The agent also 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 repeater's control
point station to Portland Taxicab's business at 12624 NE Halsey Street,
Portland Oregon.

4\. The agent inspected the control point station at this address which
had Portland Taxicab's FCC call sign license for WPRJ576 displayed. The
license authorized repeater and mobile station operation on frequencies
452.125 MHz and 457.125 MHz in Clackamas County, Oregon. The agent
issued verbal warnings to Portland Taxicab's office manager regarding
its unauthorized operation on frequencies 452.250 MHz and 457.250 MHz
and the station's spurious emissions transmitted by the repeater station
causing interference to amateur station AB7F. The agent also issued a
warning regarding the station's failure to transmit the station
identification. Portland Taxicab's station manager informed the agent
that the station would change the frequencies and fix the transmitter.

5\. On March 17, 2003, the Portland Office agent again monitored the
frequencies 452.250 MHz and 457.250 MHz and found the system still to be
in violation of each of the above cited rules, at the same location
notwithstanding the March 13, 2003 warning.

6\. On January 30, 2004, the Portland Office issued an *NAL* to Portland
Taxicab for its unauthorized transmissions on 452.250 MHz and 457.250
MHz, its spurious emissions causing interference to amateur radio
operation and its failure to identify the station during its operation.
On February 27, 2004, the Bureau received a response to the *NAL.* In
its response, Portland Taxicab does not dispute the violations. Rather,
Portland Taxicab states that it has fired its former station manager for
misleading the owners and failing to properly operate the company
resulting in financial difficulties making it impossible to pay the
forfeiture and avoid bankruptcy. Portland Taxicab states that it fixed
the interference problem as quickly as it could to maintain
communications with its taxi cabs. In support of its claim of an
inability to pay the forfeiture, Portland Taxicab submitted its 2000 tax
return and several unsigned "balance sheets" and a letter from its
current manager regarding its current financial condition. Consequently,
Portland Taxicab requests a cancellation or reduction of the proposed
forfeiture.

### III. DISCUSSION 

7\. The forfeiture amount in this case was assessed in accordance with
Section 503(b) of the Communications Act of 1934, as amended
("Act"),[^5] Section 1.80 of the Rules,[^6] and *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). In examining Portland Taxicab'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 such other matters as
justice may require.[^7]

8\. Portland Taxicab acknowledged that the violations for which it was
cited did, in fact, occur but claims that it did not intentionally
violate any FCC order. Commission precedent holds that a violation need
not be intentional to be willful. [^8] Because there is no dispute as to
whether the violations occurred, we affirm issuance of the forfeiture
and conclude that Portland Taxicab Company willfully and repeatedly[^9]
violated Sections 1.903(a), 90.210, 90.403(e) and 90.425(a) of the
Rules.

9\. In mitigation, Portland Taxicab attributes the violations to the
incompetence of a general manager who has been fired. The improper
actions by an employee cannot save Portland Taxicab from responsibility
for its violations. The Commission has long held that the licensee is
responsible for the acts and omissions of its employees.[^10] Thus,
Portland Taxicab is responsible for the violations which occurred during
the tenure of its previous general manager. Additionally, Portland
Taxicab's remedial actions to correct the violations subsequent to
notification of the violations do not mitigate the violations.[^11] It
is well established that "corrective action taken to come into
compliance with Commission Rules or policy is expected,[^12] and does
not nullify or mitigate any prior forfeitures or violations."

10\. Further, with respect to Portland Taxicab Company's request for a
waiver or substantial reduction of the forfeiture claiming an inability
to pay the \$12,000 dollar forfeiture assessed, as explicitly stated in
the *NAL*, the Commission will not consider reducing or canceling a
forfeiture in response to a claim of inability to pay unless the
petitioner submits adequate documentation to support its claim.[^13]
Portland Taxicab failed to submit acceptable documentation providing
only its 2000 tax return and various other non verified documents.
Because Portland Taxicab failed to present acceptable documentation
regarding its claimed inability to pay the forfeiture, we have no basis
on which to analyze its claim. Accordingly, no reduction is warranted.
Finally, although there is precedent for reducing or rescinding a
forfeiture based on bankruptcy in certain circumstances,[^14] Portland
Taxicab Company has not filed for bankruptcy.

#### IV. ORDERING CLAUSES

11\. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
the Act and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,[^15]
Portland Taxicab Company. **IS LIABLE FOR A MONETARY FORFEITURE** in the
amount of twelve thousand dollars (\$12,000) for willfully and
repeatedly violating Sections 1.903(a), 90.210, 90.403(e) and 90.425(a)
of the Rules.

12\. Payment of the forfeiture shall be made in the manner provided for
in Section 1.80 of the Rules within 30 days of the release of this
*Order*. If the forfeiture is not paid within the period specified, the
case may be referred to the Department of Justice for collection
pursuant to Section 504(a) of the Act.[^16] Payment shall be made by
check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Acct. No.
referenced above. Payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, 525 West Monroe, 8^th^ Floor Mailroom,
Chicago, Illinois 60661. Payment by wire transfer may be made to ABA
Number 071000013, receiving bank Bank One, and account number 1165259.
Requests for full payment under an installment plan should be sent to:
Chief, Revenue and Receivables Group, 445 12th Street, S.W., Washington,
D.C. 20554.[^17]

13\. **IT IS FURTHER ORDERED** that, a copy of this *Order* shall be
sent by Certified Mail Return Receipt Requested and First Class Mail to
Randell Owens, Portland Taxicab Company, 12624 NE Halsey, Portland,
Oregon 97230 and its Counsel, Charles R. Williamson, Esq., Kell,
Alterman & Runstein, LLP, 520 SW Yamhill St., Suite 600, Portland,
Oregon 97204.

**FEDERAL COMMUNICATIONS COMMISSION**

George R. Dillon

Assistant Chief, Enforcement Bureau

# 

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

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200432920001 (Enf. Bur., Portland Office, released January 30,
    2004).

[^3]: 45º 27' 17" north latitude and 122º 33' 01" west longitude.

[^4]: The Commission's Antenna Structure Registration Data Base contains
    the geographical coordinates for each registered antenna structure.
    The Commission's Licensing Data Bases contain the geographical
    coordinates for each license.

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. § 1.80.

[^7]: 47 U.S.C. § 503(b)(2)(D).

[^8]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeiture are assessed under Section 503(b)
    of the Act, provides that "\[t\]he term 'willful,' ... 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...."
    *Southern California Broadcasting Co*., 6 FCC Rcd 4387 (1991).

[^9]: As provided by 47 U.S.C. § 312(f)(2), "\[t\]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."
    *The Conference Report for Section 312(f)(2)* indicates that
    Congress intended to apply this definition to Section 503 of the Act
    as well as Section 312. See H.R. Rep. 97^th^ Cong. 2d Sess. 51
    (1982). *Southern California Broadcasting Co., supra*.

[^10]: See, *Eure Family Limited Partnership*, 17 FCC Rcd 21,861, 21863
    ¶ 7 (2002).

[^11]: See *Radio Station KGVL, Inc*., 42 FCC 2d 258, 259 (1973); *AT&T
    Wireless Services, Inc*., 17 FCC Rcd 21866, 21871 (2002).

[^12]: *Seawest Yacht Brokers*, 9 FCC Rcd 6099, 6099 ¶ 7 (1994).

[^13]: The *NAL* set forth the following factors: (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.

[^14]: *See, e.g., Dennis Elam, Trustee for Bakcor Broadcasting, Inc.,
    Debtor*, 11 FCC Rcd 1137 (1996) (forfeiture rescinded after
    bankruptcy trustee was appointed and the violator was no longer
    associated with the subject radio stations); *Interstate Savings,
    Inc.* *d/b/a ISI Communications*, 12 FCC Rcd 2934 (CCB 1997)
    (forfeiture rescinded where trustee was appointed in Chapter 7
    liquidation, removing violator from operating as a common carrier
    and from involvement in dissolution or distribution of assets.
    Requiring trustee to pay the forfeiture would diminish estate assets
    available to innocent creditors and serve no public interest
    purpose.).

[^15]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^16]: 47 U.S.C. § 504(a).

[^17]: *See* 47 C.F.R. § 1.1914.