Federal Communications Commission DA 08-174 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Discovery Transportation
Licensee of WQCK981
New York, NY
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File Number: EB-06-NY-047
NAL/Acct. No: 200732380008
FRN: 0014 6150 58
FORFEITURE ORDER
Adopted:  January 28, 2008 Released: January 30, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUND
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of four 
thousand dollars ($4,000) to Discovery Transportation (“Discovery”) for willfully and repeatedly violating 
Section 1.903(a) of the Commission’s Rules1 by operating radio transmitting equipment on the frequency 
463.350 MHz from an unauthorized location with an antenna that exceeded the authorized height.  
2. On February 26, 2007, the Commission’s New York Field Office issued a Notice of 
Apparent Liability for Forfeiture (“NAL”) in the amount of $4,000 to Discovery for operating radio 
transmission equipment on 463.350 MHz from an unauthorized location with an antenna that exceeded the 
authorized height.2 Discovery does not dispute the findings in the NAL, but requests a cancellation of the 
forfeiture based on the corrective actions it took after the inspection by the FCC agents and the fact that the 
proposed forfeiture will place a “heavy burden” on Discovery’s small business.  
II. DISCUSSION
3. We decline to cancel or reduce the forfeiture based on the actions Discovery took after the 
agent’s inspection. The Commission consistently has held that corrective action taken to come into 
compliance with the Rules is expected, and does not nullify or mitigate any prior forfeitures or 
violations.3  
  
1 47 C.F.R. § 1.903(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380008 (Enf. Bur., New York Office, released 
February 26, 2007) (“NAL”).  The New York Office also admonished Discovery in the NAL for failing to transmit its 
call sign identification at least once every fifteen minutes, as required by 90.425(a) of the Rules.
3 See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994); see also AT&T Wireless Services, Inc., 17 
FCC Rcd 21871-76 (2002).
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4. We likewise decline to reduce or cancel the forfeiture based on the alleged “heavy 
burden” it will place on Discovery.  As noted in the NAL, the Commission does not consider reducing or 
canceling a forfeiture in response to a claim of inability to pay unless such claim is supported by: (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 respondent's current financial status.4 Despite this explicit 
direction, Discovery has provided no documentation to support its claim that payment of the forfeiture 
will be burdensome.
III. ORDERING CLAUSES
5. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”),5 and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission’s Rules,6 Discovery Transportation IS LIABLE FOR A MONETARY FORFEITURE in 
the amount of $4,000 for willfully and repeatedly violating Section 1.903(a) of the Rules.
6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within thirty (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.7  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.  Requests for full payment under an installment plan should be sent to: Associate Managing 
Director, Financial Operations, 1A625, 445 12th Street, S.W., Washington, D.C. 20554.8
  
4 See NAL para. 17; See also Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to 
Incorporate the Forfeiture Guidelines ("Forfeiture Policy Statement"), 12 FCC Rcd 17087, 17106-07 (1997), recon. 
denied, 15 FCC Rcd 3030 (1999).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
7 47 U.S.C. § 504(a).
8 See 47 C.F.R. § 1.1914.
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7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by First 
Class Mail and Certified Mail Return Receipt Requested to Discovery Transportation at its address of 
record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau