Subject: [NEXTEL-1] FORFEITURE ORDER --Alpha Ambulance, Inc.

From: Marcel <[email-masked]>
Date: Mon, 23 Dec 2002 17:19:13 -0500

Before the
 Federal Communications Commission
 Washington, D.C. 20554

In the Matter of )
 )
Alpha Ambulance, Inc. ) File No. EB-02-SJ-031
 ) NAL/Acct. No. 200232680007
San Juan, Puerto Rico ) FRN 0005-9491-93
 )

FORFEITURE ORDER

Adopted:  December 20, 2002 Released:  December 23, 2002

By the Chief, Enforcement Bureau:

 I.  INTRODUCTION

1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of ten
thousand dollars ($10,000) to Alpha Ambulance, Inc. (“Alpha”) for willful violation of
Section 301 of the Communications Act of 1934, as amended, (“Act”)  and Section 1.903(a)
of the Commission’s Rules (“Rules”).   The noted violation involves Alpha’s operation of
radio transmission equipment without Commission authorization.
2. On June 21, 2002, the Commission’s San Juan, Puerto Rico Resident Agent Office (“San
Juan Office”) issued a Notice of Apparent Liability for Forfeiture (“NAL”) to Alpha for a
forfeiture in the amount of ten thousand dollars ($10,000).   Alpha filed a response to
the NAL on July 16, 2002.
 II.  BACKGROUND

3. On April 23, 2002, the San Juan Office received, from the Commonwealth of Puerto Rico
Medical Emergency Services, a complaint of interference affecting the frequency pair
463.100/468.100 MHz.  The Commission has assigned these frequencies to the Public Safety
Radio Pool and authorized their use solely for communications between medical facilities,
vehicles and personnel involving treatment and transport of patients in the rendition or
delivery of medical services.   The complaint alleged that Alpha was causing interference
to ongoing emergency medical communications.  Commission records showed no license issued
to Alpha for operation on these frequencies.
4. On May 6, 2002, an agent from the San Juan Office used direction finding techniques to
locate radio transmissions on the frequency 468.100 MHz.  The agent determined that the
source of the transmissions on this frequency was a one-story building located at 1720
Eduardo Conde Avenue.  A sign identified the building as the business offices of “Alpha
Ambulance.”  Using direction finding techniques, the agent also determined that Alpha’s
ambulances were transmitting on the 463.100/468.100 MHz frequency pair.
5. On May 7, 2002, the agent went to the offices of Alpha and interviewed Ms. Milagros
Montero.  Ms. Montero stated that she and her daughter owned Alpha and admitted that Alpha
operated radio transmission equipment on the 463.100/468.100 MHz frequency pair.  When the
agent asked to see the FCC license for the radio station, Ms. Montero provided a copy of a
license issued to First Aid Ambulance, Inc. (“First Aid”) for the frequency pair
463.100/468.100 MHz, call sign KNIG648, which had expired on April 8, 2001.  Ms. Montero
stated that First Aid had been owned by her ex-husband, his mother and his sister, that
First Aid had dissolved about three years ago, and that Alpha had operated the radio
equipment since that time.  Ms. Montero was unable to produce any authorization for Alpha
to operate on the frequency pair 463.100/468.100 MHz.
6. On June 21, 2002, the San Juan Office issued an NAL to Alpha for a $10,000 forfeiture
for operating radio transmitting equipment without Commission authorization in willful
violation of Section 301 of the Act and Section 1.903(a) of the Rules.  In its July 16,
2002, response to the NAL, Alpha does not deny the violation.  However, Alpha asserts that
it cannot afford to pay the proposed $10,000 forfeiture and submits tax returns for 1998,
1999 and 2000 and a balance sheet for 2001 in support of this assertion.
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”),  Section 1.80 of the Rules,  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) (“Policy Statement”).  In examining Alpha’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 other such matters as justice may require.
8. Section 301 of the Act provides that no person shall use or operate any apparatus for
the transmission of radio communications or signals within the United States, except under
and in accordance with the Act and the rules and with a license granted under the
provisions of the Act.  Section 1.903(a) of the Rules provides that stations in the
Wireless Radio Services must be operated only with a valid Commission authorization.
Alpha does not deny that it operated radio transmission equipment on the frequency pair
463.100/468.100 MHz, which are assigned to the Public Safety Radio Pool for communications
between medical facilities, vehicles and personnel involving treatment and transport of
patients in the rendition or delivery of medical services, without Commission
authorization.  Accordingly, we conclude that Alpha willfully violated Section 301 of the
Act and Section 1.903(a) of the Rules.
9. Alpha asserts that it cannot afford to pay the $10,000 forfeiture proposed in the NAL
and provides its tax returns for 1998, 1999, and 2000 and its balance sheet for 2001 in
support of this assertion.  The Commission has repeatedly held that a company’s gross
revenues are the best indicator of its ability to pay a forfeiture.   After considering
the financial information submitted by Alpha, we conclude that its gross revenues are
sufficient to enable it to pay a $10,000 forfeiture.
10. We have examined Alpha’s response to the NAL pursuant to the statutory factors above,
and in conjunction with the Policy Statement as well.  As a result of our review, we
conclude that Alpha willfully violated Section 301 of the Act and Section 1.903(a) of the
Rules, and we find no basis for rescission or reduction of the $10,000 forfeiture proposed
for this violation.
 IV.  ORDERING CLAUSES

11. Accordingly, IT IS ORDERED that, pursuant to Section 503 of the Act, and Sections
0.111, 0.311 and 1.80(f)(4) of the Rules,  Alpha Ambulance, Inc. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of ten thousand dollars ($10,000) for willful violation of
Section 301 of the Act and Section 1.903(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.   Payment may be made by mailing a check
or similar instrument, payable to the order of the Federal Communications Commission, to
the Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.  The
payment should reference NAL/Acct. No. 200232680007 and FRN 0005-9491-93.  Requests for
full payment under an installment plan should be sent to:  Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.
 13. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class  mail
and certified mail return receipt requested to Alpha Ambulance, Inc., P.O. Box 19313,
Fernandez Juncos Station, Santurce, Puerto Rico 00910.
     FEDERAL COMMUNICATIONS COMMISSION

     David H. Solomon
     Chief, Enforcement Bureau

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