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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of   )   File No: EB-05-NY-301       
     Kacy R. Rankine    )   NAL/Acct. No: 200732380001  
     West Orange, NJ    )   FRN: 0015 1782 62           

                          Memorandum opinion and order

   Adopted: March 16, 2011 Released: March 17, 2011

   By the Chief, Enforcement Bureau:

   I. Introduction

    1. In this Memorandum Opinion and Order ("MO&O"), we deny the petition
       for reconsideration  ("Petition")  filed by Kacy Rankine ("Rankine") 
       of the Forfeiture Order issued on January 26, 2007.  The Forfeiture
       Order imposed a monetary forfeiture in the amount of $10,000 for
       willful and repeated violation of section 301 of the Communications
       Act of 1934, as amended ("Act"), by operating an unlicensed radio
       transmitter on the frequency 90.1 MHz in Newark, New Jersey.

   II. Background

    2. In the Forfeiture Order, the Enforcement Bureau ("Bureau") held that
       Rankine, who failed to respond to the NAL, operated an unlicensed
       radio station in Newark, NJ. In his Petition, Rankine does not dispute
       the findings in the NAL or the Forfeiture Order, and thus the facts
       established in the NAL and Forfeiture Order are incorporated herein by
       reference. Rankine requests, however, that the forfeiture be cancelled
       or substantially reduced based on his inability to pay. Rankine does
       not submit any documentation in support of his request and further
       states that he is "unable to make the [financial] showing required"
       for relief under the NAL. 

   III. Discussion

    3. For the reasons discussed below, we deny Rankine's request for
       reconsideration of the Forfeiture Order. Rankine's sole basis for
       seeking reconsideration is that he does not have the financial
       resources to pay the proposed forfeiture, a claim that he has not
       previously presented to the Bureau. A petition for reconsideration
       that relies on facts not previously presented to the designated
       authority may be granted only if: (1) the designated authority (the
       Bureau in this instance) determines that consideration of the new
       facts is required to serve the public interest; (2) the petition
       relies on facts that relate to events that occurred or circumstances
       that have changed since the last opportunity to present such matters;
       or (3) the petition relies on facts unknown to the petitioner until
       after his last opportunity to present such matters. In his Petition,
       Rankine does not provide the requisite information that would allow us
       to evaluate whether he meets any of the three criteria for
       reconsideration. As we noted in the NAL, "[t]he Commission will not
       consider reducing or canceling a forfeiture in response to a claim of
       inability to pay unless the petitioner submits: (1) federal tax
       returns for the most recent three-year period; (2) financial
       statements prepared according to generally accepted accounting
       practices (`GAAP'); or (3) some other reliable and objective
       documentation that accurately reflects the petitioner's current
       financial status. Any claim of inability to pay must specifically
       identify the basis for the claim by reference to the financial
       documentation submitted." Rankine not only fails to provide any
       documentation, but he states in his Petition that he is unable to do
       so. We therefore conclude that the matter before us does not warrant
       reconsideration and we affirm the Forfeiture Order.

   IV. ordering clauses

    4. Accordingly, IT IS ORDERED that, pursuant to section 405 of the
       Communications Act of 1934, as amended, and section 1.106 of the
       Commission's rules ("Rules"), that the Petition for Reconsideration
       filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED.

    5. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and
       sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS
       LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
       ($10,000) for violations of section 301 of the Act.

    6. 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 Memorandum Opinion and 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 credit card, check, or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the NAL/Account Number and FRN
       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: with
       any questions regarding payment procedures. Rankine shall also send
       electronic notification to on the date said
       payment is made.

    7. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
       sent by both regular mail and by certified mail, return receipt
       requested, to Rankine's address of record.


   P. Michele Ellison

   Chief, Enforcement Bureau

   See Kacy R. Rankine, Petition for Reconsideration (filed February 26,
   2007) ("Petition").

   Kacy R. Rankine, Forfeiture Order, 22 FCC Rcd 750 (Enf. Bur.
   2007)("Forfeiture Order"), aff'g Notice of Apparent Liability for
   Forfeiture, NAL/Acct. No. 200732380001 (Enf. Bur., New York Office, rel.
   Nov. 3, 2006)("NAL").

   47 U.S.C. S: 301.

   See Forfeiture Order.

   See Petition at 2.

   47 C.F.R. S:1.106(c).

   See NAL P: 22.

   See Petition at 2. Even if we were inclined to consider Rankine's claim of
   financial hardship, in the absence of the required showing and any
   objective documentation, we would have no basis for determining the extent
   to which cancellation or reduction of the forfeiture is appropriate.

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).

   47 U.S.C. S: 504(a).

   (Continued from previous page)


   Federal Communications Commission DA 11-449


   Federal Communications Commission DA 11-449