Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-06-BS-158
Eliandro B.Ramos ) NAL/Acct. No. 200732260002
Danbury, CT ) FRN 0016388233
)
)
FORFEITURE ORDER
Adopted: January 16, 2008 Released: January 18, 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 Eliandro B. Ramos
("Ramos") for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended ("Act"), by operating on the
frequency of 296.550 MHz without Commission authorization.
2. On April 26, 2007, the Commission's Boston Field Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$10,000 to Ramos for operating without a license on 296.550 MHz. Ramos
does not dispute the findings in the NAL, but requests a cancellation
of the forfeiture based on his inability to pay. We decline to reduce
the proposed forfeiture based on an inability to pay. The Commission
has determined that, in general, an individual's or entity's gross
revenues are the best indicator of an ability to pay a forfeiture. The
Commission also has stated that, when evaluating a subject's ability
to pay, it is appropriate to consider the totality of the subject's
financial situation, including all potential sources of income. We
have reviewed the personal income tax returns submitted by Ramos and
we find that the forfeiture represents a percentage of gross income
that falls within the range that has been found acceptable.
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, Eliandro B. Ramos 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 Eliandro B.
Ramos at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
47 U.S.C. S: 301.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732260002
(Enf. Bur., Boston Office, released April 26, 2007).
See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992)
(forfeiture not deemed excessive where it represented approximately 2.02
percent of the violator's gross revenues); Local Long Distance, Inc., 15
FCC Rcd 24385, 24389 P: 11 (2000), recon. denied, 16 FCC Rcd 10023, 10025
P: 6 (2001) (forfeiture not deemed excessive where it represented
approximately 7.9 percent of the violator's gross revenues); Hoosier
Broadcasting Corporation, 14 FCC Rcd 3356 (CIB 1999), recon. denied, 15
FCC Rcd 8640, 8641 (Enf. Bur. 2002) (forfeiture not deemed excessive where
it represented approximately 7.6 percent of the violator's gross income).
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 08-112
1
2
Federal Communications Commission DA 08-112