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


In the Matter of                )
                                )       File No. EB-02-NY-216
                                )
Fernando Alejandro              )       NAL/Acct. No. 
200332380011
Bronx, NY                       )
                                )       FRN: 0007-9608-34


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                           Released:      January 
                                           10, 2003

By the District Director, New York Office, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Fernando Alejandro has apparently  violated 
Section 301  of  the  Communications  Act of  1934  (?Act?)  1,  as 
amended, by  operating an  unlicensed  radio transmitter  on  the 
frequency 95.1  MHz.   We  conclude that  Fernando  Alejandro  is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   On September 16, 2002, the FCC New York Office received 
a complaint about an illegal broadcast station in Bronx, NY.

     3.   On September  20,  2002,  Commission  agents,  using  a 
mobile direction-finding  vehicle, monitored  the frequency  95.1 
MHz  in  Bronx,  NY.   The  agents  observed  unauthorized  radio 
broadcast  on  95.1  MHz,  and  identified  the  source  of   the 
unauthorized transmissions  as  El  Fin Se  Acerca  Church,  2151 
Jerome Avenue,  Bronx,  NY  10453.  The  agents  observed  an  FM 
broadcast antenna  on the  roof of  the building.   There was  no 
evidence of  a Commission  authorization  for this  operation  in 
Bronx, NY.   

     4.   On October  3,  2002,  Commission  agents  conducted  a 
station  inspection   of   the  radio   station,   Radio   Mision 
Evangelistica, located inside the church El Fin Se Acerca Church, 
2151 Jerome  Avenue, Bronx,  NY  10453.  An  agent spoke  to  the 
pastor of the church, Mr.  Fernando Alejandro, by telephone,  and 
informed him he  was operating  an illegal radio  station and  to 
cease all operations.  The agents  left a hand delivered  warning 
letter with the son of Fernando Alejandro.

     5.   On October 4,  2002, a  Commission agent  spoke to  Mr. 
Alejandro by telephone,  and he acknowledged  receiving the  hand 
delivered warning  letter.  The  agent also  asked Mr.  Alejandro 
about a  flyer  posted inside  the  radio station,  Radio  Mision 
Evangelistica, located inside El Fin Se Acerca Church.  The flyer 
announced a concert being held at the church on October 12, 2002, 
presented by Radio Mision Evangelistica, 95.1 FM.  Mr.  Alejandro 
said he was not  planning on broadcasting the  concert on air  on 
95.1 MHz.  The New  York Office sent a  Warning Letter, by  First 
Class and  Certified  Mail,  Return  Receipt  Requested,  to  Mr. 
Fernando Alejandro for unlicensed operation on the frequency 95.1 
MHz.  The New York Office did not receive a reply to the  Warning 
Letter.

     6.   On October 12, 2002, Commission agents, using a  mobile 
direction-finding vehicle, monitored  the frequency  95.1 MHz  in 
Bronx, NY.   The  agents  again observed  an  unauthorized  radio 
broadcast  on  95.1  MHz,  and  identified  the  source  of   the 
unauthorized transmissions  as  El  Fin Se  Acerca  Church,  2151 
Jerome Avenue, Bronx, NY 10453.   The agents conducted a  station 
inspection  and  spoke  to  Mr.  Alejandro  about  the  continued 
unlicensed operation  on  the  frequency 95.1  MHz.   During  the 
inspection, the agents noticed that the unauthorized broadcast on 
95.1 MHz had ceased.

                           III.  DISCUSSION

     7.   Section 301 of  the Act  sets forth  generally that  no 
person shall use or operate any apparatus for the transmission of 
energy or communications  or signals by  radio within the  United 
States except under  and in accordance  with the Act  and with  a 
license granted under  the provisions  of the Act.   A review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission  authorization  to   operate  this   station  on   the 
frequency, 95.1 MHz, in Bronx, NY.

     8.   Based on the evidence before us, we find that, Fernando 
Alejandro was responsible for the operation of radio transmission 
equipment on  95.1 MHz  on September  20, 2002,  and October  12, 
2002,  without  a  Commission   authorization  in  willful2   and 
repeated3 violation of Section 301 of the Act.  

     9.   The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 
denied, 15 FCC Rcd 303(1999) (?Forfeiture Policy Statement?)4, sets 
the base forfeiture amount for operation without an instrument of 
authorization at $10,000.  In  assessing the monetary  forfeiture 
amount, we must take into account the statutory factors set forth 
in Section 503(b)(2)(D)  of the Act,5  which include 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. Applying the Forfeiture Policy Statement and 
the statutory  factors  to  the instant  case  and  applying  the 
inflation adjustments,  we believe  that  a ten  thousand  dollar 
($10,000) monetary forfeiture is warranted.

                        IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules7, Fernando Alejandro is hereby NOTIFIED of his 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willfully violating Section 301 of the Act.

     11.  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, Fernando Alejandro 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 should note the 
NAL/Acct. No. 200332380011 and FRN: 0007-9608-34. 

     13.  Any response  to this  NAL must  be mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200332380011. 

     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  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.8

     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 Technical  and Public  Safety 
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 NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested,  to  Fernando  Alejandro,  El  Fin  Se  Acerca 
Church, 2151 Jerome Avenue, Bronx, NY 10453.


                                FEDERAL            COMMUNICATIONS 
COMMISSION



                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A-FCC List of Small Entities, October 2002
_________________________

1 47 U.S.C.  301.
2 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 ?.?  See Southern California Broadcasting 
Co., 6 FCC Rcd 4387 (1991).
3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [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.
447 C.F.R.  1.80.

547 U.S.C.  503(b)(2)(D).
647 U.S.C.  503(b).
747 C.F.R.  0.111, and 0.311.
8 See 47 C.F.R.  1.1914.