Click here for Adobe Acrobat version
Click here for Microsoft Word version


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                )
Gary M. Feldman                 )   File No.: EB-03-TP-110
5500 N.W. 4th Avenue            )   NAL/Acct. No. 200432700008 
Miami, Florida                  )   FRN 00010018281

                        FORFEITURE ORDER

Adopted: April 23, 2004                 Released: April 27, 2004 

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 Gary  M. Feldman  (``Mr. 
          Feldman'') for willful violation of Section 301 of  the 
          Communications  Act  of 1934,  as  amended  (``Act'').1  
          The noted  violation involves Mr.  Feldman operating  a 
          radio  station on  the frequency  of 91.9  MHz  without 
          Commission authorization. 

     2.   On February  4,  2004,  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. Feldman.2  Mr. Feldman 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 Gary M. Feldman 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.  200432700008 and  FRN 00010018281.   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

     7.        IT IS FURTHER  ORDERED that a  copy of this  Order 
shall be  sent by  first  class mail  and certified  mail  return 
receipt requested,  to Gary  M. Feldman,  5500 N.W.  4th  Avenue, 
Miami, Florida 33127. 


                         David H. Solomon
                         Chief, Enforcement Bureau

     1 47 U.S.C.  301.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432700008 (Enf.  Bur.,  Tampa  Office,  released  February  4, 

     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.