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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
L.A.C.A., State of New York, Inc. ) File No.: EB-03-NY-125
) NAL/Acct. No. 200432380007
Bronx, New York ) FRN 0007 8304 58
)
FORFEITURE ORDER
Adopted: May 17, 2004 Released: May 20, 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 L.A.C.A., State of New
York, Inc. (``L.A.C.A.'') for willful and repeated
violation of Section 301 of the Communications Act of
1934, as amended (``Act'').1 The noted violation
involves L.A.C.A. operating a radio station on the
frequencies of 96.1 MHz and 96.5 MHz without
Commission authorization.
2. On February 24, 2004, 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 L.A.C.A.2 L.A.C.A. 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 L.A.C.A., State of New York,
Inc. 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. 200432380007 and FRN 0007 8304 58. 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 L.A.C.A., State of New York, Inc., 1112
Garrison Avenue, Bronx, New York 10474.
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.
200432380007 (Enf. Bur., New York Office, released February 24,
2004).
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.