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


In the Matter of                )
                                )       File No.  EB-03-NY-379
Angel Avena                     )
Linden, NJ                      )       NAL/Acct. No. 
200432380013
                                )
                                )       FRN: 0010 3737 69


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  May 26, 2004

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

                        I.  INTRODUCTION

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

                         II.  BACKGROUND

     2.   On November  7,  2003,  the New  York  Office  received 
          complaints about an  illegal broadcast station  located 
          in Middlesex  County, NJ,  operating on  the  frequency 
          87.9 MHz.

     3.   On November  19,  2003,  a Commission  agent,  using  a 
          mobile   direction-finding   vehicle,   monitored   the 
          frequency 87.9 MHz in Linden, NJ.  The agent   observed 
          an  unauthorized  radio  broadcast  on  87.9  MHz,  and 
          identified  the  source  of  the  broadcast  as  an  FM 
          broadcast antenna on the roof  of 18 East 17th  Street, 
          Linden,  NJ  07306.   The  agent  conducted  a  station 
          inspection  with  Angel  Avena,  who  acknowledged  the 
          operation of the unlicensed  radio station.  There  was 
          no evidence  of  a Commission  authorization  for  this 
          operation in Linden, NJ.  The agent advised Angel Avena 
          that a  FCC station  license  is required  for  station 
          operation.  

     4.   On November  19,  2003,  the New  York  Office  sent  a 
          Warning Letter, by First Class Mail and Certified  Mail 
          Return Receipt Requested, to Angel Avena for unlicensed 
          operation on the frequency 87.9 MHz. 

     5.    On  November  20,  2003, Commission  agents,  using  a 
          mobile   direction-finding   vehicle,   monitored   the 
          frequency 87.9 MHz in Linden, NJ.  The agents  observed 
          an  unauthorized  radio  broadcast  on  87.9  MHz,  and 
          positively identified the source of the broadcast as an 
          FM broadcast  antenna  on  the roof  of  18  East  17th 
          Street, Linden,  NJ   07306.  The  agents  conducted  a 
          station  inspection   with  Angel   Avena,  who   again 
          acknowledged the  operation  of  the  unlicensed  radio 
          station.   There  was  no  evidence  of  a   Commission 
          authorization for this operation on 87.9 MHz in Linden, 
          NJ.   

     6.   On December 1,  2003, the  New York  Office received  a 
          reply to  the warning  letter.   In the  reply  letter, 
          Angel Avena acknowledged the operation of  transmitting 
          equipment on 87.9 MHz at  18 East 17th Street,  Linden, 
          NJ 07306.

     7.   On January 6, 2004, a Commission agent, using a  mobile 
          direction-finding vehicle, monitored the frequency 87.9 
          MHz in Linden, NJ.  The agent  observed an unauthorized 
          radio broadcast on 87.9 MHz, and positively  identified 
          the source of the broadcast as an FM broadcast  antenna 
          on the roof of 18  East 17th Street, Linden, NJ  07306.  
          There was no evidence of a Commission authorization for 
          this operation on 87.9 MHz in Linden, NJ.

     8.   On January 17, 2004, Commission agents, using a  mobile 
          direction-finding vehicle, monitored the frequency 87.9 
          MHz  in   Linden,   NJ.   The   agents    observed   an 
          unauthorized  radio   broadcast   on  87.9   MHz,   and 
          positively identified the source of the broadcast as an 
          FM broadcast  antenna  on  the roof  of  18  East  17th 
          Street, Linden, NJ 07306.  There  was no evidence of  a 
          Commission authorization for this operation in  Linden, 
          NJ.

                        III.  DISCUSSION

     9.   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.

     10.  Based on the  evidence before  us, we  find that  Angel 
          Avena operated radio transmission equipment on 87.9 MHz 
          on November  19, 2003,  November 20,  2003, January  6, 
          2004,  and  January  17,  2004,  without  a  Commission 
          authorization in  willful2 and  repeated3 violation  of 
          Section 301  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 87.9 MHz in Linden, NJ.

     11.  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 Act5,  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

     12.  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, Angel  Avena.  is  hereby 
          NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE  in 
          the  amount  of  ten  thousand  dollars  ($10,000)  for 
          willfully and repeatedly violating  Section 301 of  the 
          Act.

     13.  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, 
          Angel Avena SHALL  PAY the full amount of the  proposed 
          forfeiture or SHALL  FILE a  written statement  seeking 
          reduction or cancellation of the proposed forfeiture.

     14.  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. 200432380013 and FRN: 0010-3737-69. 

     15.  Any response  to this  NAL must  be mailed  to  Federal 
          Communications Commission, New York Office, 201  Varick 
          Street, New  York,  NY  10014,  and  MUST  INCLUDE  THE 
          NAL/Acct. No. 200432380013. 

     16.  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.  

     17.  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

     18.  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  Federal   Communications 
          Commission, Enforcement  Bureau,  Spectrum  Enforcement 
          Division, 445 12th Street, S.W., Washington, DC  20554.  
          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.

     19.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
          APPARENT LIABILITY  shall  be sent  by  Certified  Mail 
          Return Receipt Requested to  Angel Avena, 18 East  17th 
          Street, Linden, NJ 07036.

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office




Attachment A - FCC Condensed 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).

3Section 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.
5
47 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.