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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

                                File Numbers: EB-10-SF-0031  
     In the Matter of       )                                
     Gabriel A. Garcia      )                                
                                NAL/Acct. No.: 201132960002  
     San Jose, California   )                                
                                FRN: 0020645396              

                                FORFEITURE ORDER

   Adopted: March 7, 2012 Released: March 8, 2012

   By the Regional Director, Western Region, Enforcement Bureau:


    1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
       of twenty-five thousand dollars ($25,000) to Gabriel A. Garcia
       (Garcia) for willfully and repeatedly violating Section 301 of the
       Communications Act of 1934, as amended (Act). The noted violations
       involved Garcia's operation of an unlicensed broadcast station on
       various FM broadcast band frequencies in San Jose, California.

    2. On March 11, 2011, the Enforcement Bureau's San Francisco Office (San
       Francisco Office) issued a Notice of Apparent Liability for Forfeiture
       (NAL) in the amount of $25,000 to Garcia. Garcia has not filed a
       response to the NAL. Based on the information before us, we affirm the

    3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.204,
       0.311, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A.
       Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       twenty-five thousand dollars ($25,000) for willfully and repeatedly
       violating Section 301 of the Communications Act of 1934, as amended.

    4. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days of the
       release of this Forfeiture Order. If the forfeiture is not paid within
       the period specified, the case may be referred to the U.S. 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 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.  Gabriel A. Garcia shall also send
       electronic notification on the date said payment is made to

    5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by both First Class Mail and Certified Mail, Return Receipt
       Requested, to Gabriel A. Garcia, 2100 Fruitdale Ave., Apt. 9, San
       Jose, California, 95128.


   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 U.S.C. S: 301.

   Gabriel A. Garcia, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
   3750 (Enf. Bur. 2011) (NAL).

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,

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

   Federal Communications Commission DA 12-356



   Federal Communications Commission DA 12-356