**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number 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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## 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 12^th^ 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.