**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-05-PA-244       |
|                                  |   |                                 |
| Jose Velazquez                   | ) | NAL/Acct. No.: 200832400002     |
|                                  |   |                                 |
| Licensee of Station WPUH745      | ) | FRN: 0001-84-0834               |
|                                  |   |                                 |
| Philadelphia, Pennsylvania       | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

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

> Released: October 31, 2007

By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Jose Velazquez ("Velazquez"), the licensee of stations
    WPUH745 and WQGH860 in Philadelphia, Pennsylvania, apparently
    willfully and repeatedly violated Section 1.903(a) of the
    Commission\'s Rules ("Rules")[^1] by operating station WPUH745 on
    the frequency 451.900 MHz at an unauthorized location. We conclude,
    pursuant to Section 503(b) of the Communications Act of 1934, as
    amended ("Act"),[^2] that Velazquez is apparently liable for a
    forfeiture in the amount of four thousand dollars (\$4,000).

# BACKGROUND

2.  On December 11, 2006 and December 14, 2006, in response to
    complaints, an agent with the Commission's Philadelphia Office used
    radio direction finding techniques to determine that a mobile relay
    station was operating on the frequency 451.900 MHz at the Chestnut
    Hill Towers, 7600 Stenton Avenue, Philadelphia, Pennsylvania. The
    Commission's records showed that no license was issued for operation
    on the frequency 451.900 MHz at 7600 Stenton Avenue, Philadelphia,
    Pennsylvania.[^3]

3.  On December 11, 2006, the agent contacted Morgan Tower, Inc., the
    company that manages the rooftop of the Chestnut Hill Towers, to
    inquire who was operating radio transmitting equipment on the
    frequency 451.900 MHz from the building. Morgan Tower, Inc.
    confirmed that Velazquez leases space on the rooftop of the Chestnut
    Hill Towers to operate radios transmitting on three frequencies,
    including the frequency 451.900 MHz. During a telephone conversation
    on December 15, 2006, Velazquez acknowledged to the agent that he
    operates a mobile relay station on the frequency 451.900 MHz at the
    Chestnut Hill Towers in Philadelphia, Pennsylvania. Velazquez said
    that he had recently relocated the 451.900 MHz radio transmitting
    equipment from 1176 Old York Road in Abington Township, Pennsylvania
    to the Chestnut Hill Towers in Philadelphia, Pennsylvania.

4.  On December 18, 2006, Velazquez provided the agent a copy of the
    license for station WPUH745 as evidence that he was authorized to
    operate radio transmitting equipment on the frequency 451.900 MHz .
    However, at the time of the investigation, the license for station
    WPUH745 authorized Velazquez to operate a mobile relay station on
    the frequency 451.900 MHz at 1176 Old York Road, Abington Township,
    Pennsylvania and 121 East 2^nd^ Street, Moorestown, New Jersey. The
    license did not authorize Velazquez to operate the 451.900 MHz
    station at the Chestnut Hill Towers in Philadelphia, Pennsylvania.
    On December 19, 2006, Velazquez filed an application with the
    Commission seeking authorization to operate a mobile relay station
    on the frequency 451.900 MHz at 7600 Stenton Avenue, Philadelphia,
    Pennsylvania. On January 23, 2007, the Commission granted the
    application and assigned the station the call sign WQGH860.

# DISCUSSION

5.  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.[^4] The term "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^5]

6.  Section 1.903(a) of the Rules requires that stations in the Wireless
    Radio Service must be used and operated only in accordance with the
    rules applicable to their particular service as set forth in this
    title and with a valid authorization grated by the Commission under
    the provision of this part. On December 11, 2006 and December 14,
    2006, Velazquez operated a mobile relay station on the frequency
    451.900 MHz at the unauthorized location of 7600 Stenton Avenue,
    Philadelphia, Pennsylvania. Because Velazquez knowingly operated
    Station WPUH745 from an unauthorized location, the violation was
    willful. The unauthorized operation occurred on more than one day,
    therefore, it was repeated.

7.  Based on the evidence before us, we find that Velazquez apparently
    willfully and repeatedly violated Section 1.903(a) of the Rules by
    operating station WPUH745 on the frequency 451.900 MHz at an
    unauthorized location.

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 operating at an
    unauthorized location is \$4,000.[^6] 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.[^7] Applying the *Forfeiture Policy Statement*,
    Section 1.80, and the statutory factors to the instant case, we
    conclude that Velazquez is apparently liable for a (\$4,000)
    forfeiture.

# ORDERING CLAUSES

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, Jose Velazquez is hereby
**NOTIFIED** of this **APPARENT LIABILITY FOR A FORFEITURE** in the
amount of four thousand dollars (\$4,000) for violations of Section
1.903(a) of the Rules.[^8]

**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, Jose Velazquez **SHALL
PAY** the full amount of the proposed forfeiture or **SHALL FILE** a
written statement seeking reduction or cancellation of the proposed
forfeiture.

9.  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.

10. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, Philadelphia
    Office, One Oxford Valley Building, Suite 404, 2300 East Lincoln
    Highway, Langhorne, Pennsylvania 19047 and must include the
    NAL/Acct. No. referenced in the caption.

11. 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.

12. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 445 12th
    Street, S.W., Room 1A625, Washington, D.C. 20554.[^9]

13. **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 Jose Velazquez at his
    address of record.

FEDERAL COMMUNICATIONS COMMISSION

Gene J. Stanbro

District Director

Philadelphia Office

Northeast Region

Enforcement Bureau

[^1]: 47 C.F.R. § 1.903(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: We note that, on January 8, 2002, the Philadelphia Office issued a
    Notice of Unlicensed Radio Operation ("NOUO") to Velazquez for
    unlicensed operation at this very same location.

[^4]: 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).

[^5]: 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."

[^6]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^7]: 47 U.S.C. § 503(b)(2)(E).

[^8]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    1.903(a).

[^9]: See 47 C.F.R. § 1.1914.