Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
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
) FRN 0007-9608-34
Bronx, New York )
FORFEITURE ORDER
Adopted: May 8, 2003 Released: May
12, 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 Fernando Alejandro, for willful
and repeated violation of Section 301 of the
Communications Act of 1934, as amended (``Act'').1
The noted violation involves Mr. Alejandro operation
of a radio station on the frequency of 95.1 MHz
without Commission authorization.
2. On January 10, 2003, the District Director of the
Commission's New York, New York Field Office (``New York
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $10,000 to Mr. Alejandro.2 Mr.
Alejandro 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 Fernando Alejandro 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. 200332380011, and FRN 0007-9608-34. 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 Fernando Alejandro, El Fin Se Acerca
Church, 2151 Jerome Avenue, Bronx, New York 10453.
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.
200332380011 (Enf. Bur., New York Office, released January 10,
2003).
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.