Federal Communications Commission DA 08-466
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
Mexicana Corp
Licensee of WPIY498
Yonkers, NY
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File Number: EB-06-NY-049
NAL/Acct. No: 200732380007
FRN: 0011 0104 10
FORFEITURE ORDER
Adopted:  February 26, 2008 Released:  February 28, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION AND BACKGROUD
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of two
thousand dollars ($2,000) to Mexicana Corp (“Mexicana”), licensee of private land mobile station 
WPIY498, in Yonkers, NY, for willfully and repeatedly violating Section 1.903(a) of the Commission's 
Rules ("Rules").1
2. On February 20, 2007, the New York Field Office issued a Notice of Apparent Liability 
for Forfeiture (“NAL”) to Mexicana in the amount of $8,000 for operating mobile units on an 
unauthorized frequency and operating a base station at an unauthorized location in violation of Section 
1.903(a).  In its response to the NAL, Mexicana does not dispute the findings, but requests a cancellation 
or reduction in the forfeiture amount based on its inability to pay.
III. DISCUSSION
3. The proposed forfeiture amount in this case was assessed in accordance with Section 503(b)
of the Act,2 Section 1.80 of the Rules,3 and The Commission’s Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines (“Forfeiture Policy 
Statement”).4 In examining Mexicana’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.5  
  
1 47 C.F.R. § 1.903(a).
2 47 U.S.C. § 503(b).
3 47 C.F.R. § 1.80.
4 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
5 47 U.S.C. § 503(b)(2)(E).
Federal Communications Commission DA 08-466
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4. With regard to an entity’s inability to pay, the Commission has determined that, in general, an 
entity's gross revenues are the best indicator of its ability to pay a forfeiture.6 After examining the 
financial documentation submitted by Mexicana, we conclude that a reduction in the forfeiture to $2,000 
is warranted based on its demonstrated inability to pay.  
IV. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules, Mexicana 
Corp. IS LIABLE FOR A MONETARY FORFEITURE in the amount of two thousand dollars 
($2,000) for violation of Section 1.903(a) of the Rules.7
6. 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/Account 
Number and FRN Number referenced above.  Payment by check or money order may be mailed to 
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.  Payment by 
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 
Convention Plaza, St. Louis, MO 63101.  Payment by wire transfer may be made to ABA Number 
021030004, receiving bank TREAS/NYC, and account number 27000001.  For payment by credit card, 
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter 
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in 
block number 24A (payment type code).  Requests for full payment under an installment plan should be 
sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, 
Washington, D.C. 20554.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 
or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 
7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 
Certified Mail Return Receipt Requested to Mexicana Corp. at its address of record.  
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Mofffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
  
6 See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where 
it represented approximately 2.02 percent of the violator’s gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violator’s 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violator’s gross revenues).
7 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4), 1.903(a).