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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
     In the Matter of                                   
                        )   File Number: EB-03-NY-380   
     Moises Cabrera                                     
                        )   NAL/Acct. No: 200632380002  
     Juan Cabrera                                       
                        )   FRN: 0013 3361 10           
     New York, NY                                       
                        )                               
                                                        
                        )                               


                                FORFEITURE ORDER

   Adopted:  September 28, 2006 Released: September 29, 2006

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of ten thousand dollars ($10,000) to Moises Cabrera and
       Juan Cabrera (jointly referred to herein as "the Cabreras") for
       willfully and repeatedly violating Section 301 of the Communications
       Act of 1934, as amended ("Act"), by operating an unlicensed radio
       transmitter on the frequency 89.7 MHz in New York, NY.

   II. BACKGROUND

    2. On December 19, 2005, the New York Office issued a Notice of Apparent
       Liability for Forfeiture to the Cabreras for apparent willful and
       repeated violation of Section 301 of the Act. The Cabreras filed a
       response to the NAL on January 17, 2006, requesting cancellation of
       the proposed forfeiture based on their inability to pay and the fact
       that they have ceased operating the station. They do not otherwise
       dispute the findings in the NAL.

   III. Discussion

    3. The forfeiture amount proposed in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended
       ("Act"), Section 1.80 of the Rules, and the Commission's Forfeiture
       Policy Statement and Amendment of Section 1.80 of the Rules to
       Incorporate the Forfeiture Guidelines. In assessing forfeitures,
       Section 503(b)(2)(D) of the Act requires that we take into account the
       nature, circumstances, extent and gravity of the violation and, with
       respect to the violator, the degree of culpability, any history of
       prior offenses, ability to pay, and such other matters as justice may
       require.

    4. We decline to cancel the forfeiture based on the Cabreras claim that
       they no longer operate a broadcast station. The Commission
       consistently has held that corrective action taken to come into
       compliance with the Rules and the Act is expected, and does not
       nullify or mitigate any prior forfeitures or violations.

    5. We also decline to cancel the forfeiture based on an inability to pay.
       The NAL specifically stated that "[t]he Commission will not consider
       reducing or cancelling a forfeiture in response to a claim of
       inability to pay unless the petitioner submits: (1) federal tax
       returns for the most recent three-year period; (2) financial
       statements prepared according to generally accepted accounting
       practices ("GAAP"); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status." Moises Cabrera only submitted a tax return from
       2004, which is signed, but not dated. The response also indicated that
       Juan Cabrera is unemployed, but no documentation was submitted in
       support of that statement. We therefore conclude that the Cabreras
       have not submitted sufficient documentation in support of their
       request for a cancellation of the proposed forfeiture.

    6. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Moises Cabrera
       and Juan Cabrera willfully and repeatedly violated Section 301 of the
       Act. Considering the entire record and the factors listed above, we
       find that neither reduction nor cancellation of the proposed $10,000
       forfeiture is warranted.

   IV. ORDERING CLAUSES

    7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
       1.80(f)(4) of the Rules, that Moises Cabrera and Juan Cabrera are
       JOINTLY LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand
       dollars ($10,000) for willful and repeated violation of Section 301 of
       the Act.

    8. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) days of the release of
       this Order. If the forfeiture is not paid within the period specified,
       that case may be referred to the Department of Justice for collection
       pursuant to Section 504(a) of the Act. Payment of the forfeiture must
       be made by check or similar instrument, payable to the order of the
       Federal Communications Commission. The payment must include the
       NAL/Acct. No. and FRN No. referenced above. Payment by check or money
       order may be mailed to Federal Communications Commission, P.O. Box
       358340, Pittsburgh, PA 15251-8340. Payment by overnight mail may be
       sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number
       911-6106. Requests for full payment under an installment plan should
       be sent to: Associate Managing Director, Financial Operations, 445
       12th Street, S.W., Room 1A625, Washington, D.C. 20554.

    9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by Certified Mail, Return Receipt Requested, and regular mail, to
       Moises Cabrera and Juan Cabrera at their address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Russell Monie, Jr.

   Regional Director, Northeast Region

   Enforcement Bureau

   47 U.S.C. S 301.

   Moises Cabrera and Juan Cabrera, Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200632380002 (Enf. Bur., New York Office,
   December 19, 2005) ("NAL").

   The response to the NAL was submitted by Moises Cabrera, but we will treat
   it as a response on behalf of Juan Cabrera as well.

   47 U.S.C. S 503(b).

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
   Policy Statement").

   47 U.S.C. S 503(b)(2)(D).

   See Seawest Yacht Brokers, Forfeiture Order, 9 FCC Rcd 6099 (1994).

   See NAL at para. 17.

   47 U.S.C. S 503(b).

   47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   47 U. S. C. S 504(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 06-1942

                                       3

   Federal Communications Commission DA 06-1942