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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Marcel (NMI) Charles ) File No.: EB-02-TP-264
AKA Marcel M. Charles ) NAL/Acct. No.
200232700021
AKA Mariel M. Charles ) FRN 0007-3086-12
AKA Joseph M. Charles )
Immokalee, Florida )
FORFEITURE ORDER
Adopted: January 31, 2003 Released:
February 4, 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 Marcel (NMI) Charles, a.k.a.
Marcel M. Charles, a.k.a. Mariel M. Charles, a.k.a.
Joseph M. Charles (``Mr. Charles'') for willful
violation of Section 301 of the Communications Act of
1934, as amended (``Act'').1 The noted violation
involves Mr. Charles's operation of an unlicensed
radio station on the frequency 103.3 MHz.
2. On August 5, 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 Mr. Charles.2 Mr. Charles 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 Communications Act of 1934, as amended (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4 Marcel
Charles IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$10,000 for willfully 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. 200232700021 and FRN 0007-3086-12. 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 Marcel Charles, 414 11th Street SE,
Immokalee, Florida 34142 and 203 W. Main Street, Immokalee,
Florida 34142.
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.
200232700021 (Enf. Bur., Tampa Office, released August 5, 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.