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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of       )                               
                                File Number: EB-08-NY-0140  
     Sims Metal East, LLC   )                               
                                NAL/Acct. No: 200932380001  
     Licensee of KNEM713    )                               
                                          FRN:  0018877530  
     Jersey City, NJ        )                               

                                FORFEITURE ORDER

   Adopted: July 24, 2009 Released: July 28, 2009

   By the Regional Director, Northeast Region, Enforcement Bureau:

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to Sims Metal East, LLC
       ("Sims"), the licensee of private land mobile station KNEM713, in
       Jersey City,  NJ, for willfully and repeatedly violating Section
       1.903(a)  of the Commission's Rules ("Rules") by operating a mobile
       relay station and mobile units on unauthorized frequencies.

   2. On October 3, 2008, the Enforcement Bureau's New York Office issued a
   Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
   $4,000 to Sims for operating mobile units and a mobile relay station on
   the unauthorized frequencies 469.4 MHz and 464.4 MHz respectively. Despite
   evidence that Sims received the NAL, Sims has not filed a response to the
   NAL. Based on the information before us, we affirm the forfeiture.

   3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
   and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sims
   Metal East, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of
   $4,000 for willfully and repeatedly violating Section 1.903(a) of the

   4. 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 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: with any questions regarding payment procedures. Sims
   Metal East, LLC, shall also send electronic notification on the date said
   payment is made to

   5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
   Class Mail and Certified Mail Return Receipt Requested to Sims Metal East,
   LLC at its address of record.


   G. Michael Moffitt

   Regional Director, Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.903(a).

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 2008 (Enf.
   Bur., Northeast Region, New York Office, released October 3, 2008).

   47 U.S.C. S: 503(b).

   47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).

   47 C.F.R. S: 1.903(a).

   47 U.S.C. S: 504(a).

   The above-captioned FRN was assigned to Sims Metal East, LLC on June 18,
   2009. The FRN cited in the NAL is assigned to Sims Hugo Neu, the prior
   licensee of private land mobile station KNEM713.

   Federal Communications Commission DA 09-1597



   Federal Communications Commission DA 09-1597