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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-07-NY-041
Jairo Diaz ) NAL/Acct. No: 200732380011
Paterson, NJ ) FRN: 0016 2735 91
)
)
FORFEITURE ORDER
Adopted: November 9, 2007 Released: November 15, 2007
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of seventeen thousand dollars ($17,000) to Jairo Diaz
("Diaz") for willfully and repeatedly violating Sections 301 and
303(n) of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on the frequency 90.5 MHz in
Paterson, NJ, and failing to permit a station inspection.
2. On July 27, 2007, the Commission's New York Field Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$17,000 to Diaz. Diaz 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 ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Jairo Diaz IS LIABLE
FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and
repeatedly violating Sections 301 and 303(n) 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 Jairo Diaz
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Russell Monie, Jr.
Regional Director, Northeast Region
Enforcement Bureau
47 U.S.C. S:S: 301 and 303(n).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380011
(Enf. Bur., New York Office, rel. July 27, 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 07-4583
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Federal Communications Commission DA 07-4583