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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-06-NY-073
Marcel Emile ) NAL/Acct. No: 20073238000x
East Orange, NJ ) FRN: 0015 1919 68
)
)
FORFEITURE ORDER
Adopted: August 14, 2007 Released: August 16, 2007
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of ten thousand dollars ($10,000) to Marcel Emile ("Emile")
for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended ("Act"), by operating an
unlicensed radio transmitter on the frequencies 96.7 MHz and 104.7 MHz
in East Orange, NJ.
2. On March 28, 2007, the Commission's New York Field Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$10,000 to Emile. Emile has not filed a response to the NAL or paid
the proposed forfeiture. 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"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Marcel Emile 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 thirty (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. 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, 1A625,
445 12th Street, S.W., Washington, D.C. 20554.
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 Emile
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
47 U.S.C. S: 301.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380010
(Enf. Bur., New York Office, released March 28, 2007).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 504(a).
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 07-3597
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Federal Communications Commission DA 07-3597