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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-07-NY-418
Trevor W. Whitely ) NAL/Acct. No: 200832380003
Brooklyn, NY ) FRN: 0017 1319 54
)
)
FORFEITURE ORDER
Adopted: May 5, 2008 Released: May 7, 2008
By the Acting 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 Trevor Whitley
("Whitley") for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended ("Act"), by providing services
and facilities incidental to the unlicensed transmission of
communications by radio occurring on 102.3 MHz in Brooklyn, NY.
2. On January 25, 2008, the Commission's New York Field Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$10,000 to Whitley. Whitley 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, Trevor Whitely 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 must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Account Number and FRN Number referenced
above. Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
Payment by overnight mail may be sent to U.S. Bank - Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
63101. Payment[s] by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures.
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 Trevor
Whitley at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Mofffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
47 U.S.C. S: 301.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832380003
(Enf. Bur., New York Office, released January 25, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
Federal Communications Commission DA 08-1070
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Federal Communications Commission DA 08-1070