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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number: EB-08-NY-0140
Sims Metal East, LLC )
NAL/Acct. No: 200932380001
Licensee of KNEM713 )
FRN: 0018877530
Jersey City, NJ )
)
FORFEITURE ORDER
Adopted: July 24, 2009 Released: July 28, 2009
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Sims Metal East, LLC
("Sims"), the licensee of private land mobile station KNEM713, in
Jersey City, NJ, for willfully and repeatedly violating Section
1.903(a) of the Commission's Rules ("Rules") by operating a mobile
relay station and mobile units on unauthorized frequencies.
2. On October 3, 2008, the Enforcement Bureau's New York Office issued a
Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
$4,000 to Sims for operating mobile units and a mobile relay station on
the unauthorized frequencies 469.4 MHz and 464.4 MHz respectively. Despite
evidence that Sims received the NAL, Sims 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 Act,
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Sims
Metal East, LLC, IS LIABLE FOR A MONETARY FORFEITURE in the amount of
$4,000 for willfully and repeatedly violating Section 1.903(a) of the
Rules.
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 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/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
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. Sims
Metal East, LLC, shall also send electronic notification on the date said
payment is made to NER-Response@fcc.gov.
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 Sims Metal East,
LLC at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Regional Director, Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.903(a).
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 2008 (Enf.
Bur., Northeast Region, New York Office, released October 3, 2008).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 C.F.R. S: 1.903(a).
47 U.S.C. S: 504(a).
The above-captioned FRN was assigned to Sims Metal East, LLC on June 18,
2009. The FRN cited in the NAL is assigned to Sims Hugo Neu, the prior
licensee of private land mobile station KNEM713.
Federal Communications Commission DA 09-1597
2
2
Federal Communications Commission DA 09-1597