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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                              
                                                       
                        )                              
                                                       
     In the Matter of   )                EB-05-BS-077  
                                                       
     Gary Toussaint     )   NAL/Acct.No: 200632260003  
                                                       
     Mattapan, MA       )          FRN No. 0014744007  
                                                       
                        )                              
                                                       
                        )                              


                                FORFEITURE ORDER

   Adopted: February 7, 2007  Released: February 9, 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 Gary Toussaint 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 102.9 MHz in Mattapan, MA.

    2. On March 8, 2006, the Commission's Boston Field Office issued a Notice
       of Apparent Liability for Forfeiture ("NAL") in the amount of $10,000
       to Toussaint. On May 15, 2006, Toussaint submitted a response to the
       NAL and requested cancellation of the proposed forfeiture based on his
       inability to pay. Toussaint stated in the response that documentation
       in support of his request would be submitted under separate cover. To
       date, no such documentation has been submitted. Accordingly, 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,Gary Toussaint IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for
       willfully and repeatedly violating 47 U.S.C. S 301.

    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 Gary
       Toussaint 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. 200632260003
   (Enf. Bur., Boston Office, released March 8, 2006).

   Counsel for Toussaint was contacted and FCC staff was advised that he no
   longer represents Toussaint. FCC staff also sought, unsuccessfully, to
   obtain the necessary documentation directly from Toussaint.

   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.

   Federal Communications Commission DA 07-559

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   Federal Communications Commission DA 07-559