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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
)
Assondieu Fortune ) File No.: EB-02-TP-
334
) NAL/Acct. No. 200332700007
4073 Coconut Circle North ) FRN 0007879570
Naples, Florida )
FORFEITURE ORDER
Adopted: April 30, 2003 Released: May
5, 2003
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand
dollars ($10,000) to Assondieu Fortune for willful and
repeated violation of Section 301 of the
Communications Act of 1934, as amended (``Act'').1
The noted violation involves Mr. Fortune's operation
of an FM broadcast station on the frequency 105.9 MHz
without Commission authorization.
2. On November 18, 2002, the District Director of the
Commission's Tampa, Florida Field Office (``Tampa Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $10,000 to Assondieu Fortune.2 Mr. Fortune 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,3 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Commission's Rules (``Rules''),4 Assondieu Fortune IS LIABLE
FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully
and repeatedly violating Section 301 of the Act.
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.5
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note
NAL/Acct. No. 200332700007, and FRN 0007879570. Requests for
full payment under an installment plan should be sent to: Chief,
Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.6
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 Assondieu Fortune, 4073 Coconut Circle
North, Naples, Florida 34104.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200332700007 (Enf. Bur., Tampa Office, released November 18,
2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.