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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-03-
NY-064
)
Esperanza Gonzales d/b/a Ivette Car Service ) NAL/Acct.
No. 200432380001
)
Brooklyn, New York ) FRN
0008-9882-06
FORFEITURE ORDER
Adopted: March 30, 2004 Released: April 1,
2004
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of four thousand
dollars ($4,000) to Esperanza Gonzales d/b/a Ivette
Car Service (``Ivette'') for willful and repeated
violation of Section 1.903(a) of the Commission's
Rules (``the Rules'').1 The noted violation involves
Ivette's operation of a base station transmitter on an
unauthorized frequency of 151.635 MHz, and mobile
units on an unauthorized frequency of 155.635 MHz.
2. On December 24, 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'')2 in the amount of $4,000 to Ivette. Ivette 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 (``the
Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4
Esperanza Gonzales d/b/a Ivette Car Service IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $4,000 for willfully and
repeatedly violating Section 1.903(a) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 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.6
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. 200432380001, and FRN 0008-9882-06. 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. 20554.7
5. IT IS FURTHER ORDERED THAT this Order shall be sent by
regular mail and by certified mail, return receipt requested, to
Esperanza Gonzales d/b/a Ivette Car Service, 2958 Fulton Street,
Brooklyn, New York 10456.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 1.903(a).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432380001 (Enf. Bur., New York Office, released December 24,
2003).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.