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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No.: EB-10-TP-0016
Vincent E. Aversa, Jr. ) NAL/Acct. No: 201132700002
Indialantic, FL ) FRN: 0020584777
)
)
FORFEITURE ORDER
Adopted: March 24, 2011 Released: March 25, 2011
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of twenty thousand dollars ($20,000) to Vincent E. Aversa,
Jr. ("Mr. Aversa") for willful and repeated violations of section 301
of the Communications Act of 1934, as amended ("Act") and section
80.13 of the Commission's rules ("Rules"). The noted violations
involve Mr. Aversa's operation of radio transmission equipment without
a license on the International Distress, Safety, and Calling Channel
("Marine Safety Channel 16").
2. On February 8, 2011, the Enforcement Bureau's Tampa Office ("Tampa
Office") issued a Notice of Apparent Liability for Forfeiture ("NAL") in
the amount of $20,000 to Mr. Aversa. Mr. Aversa 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
Communications Act of 1934, as amended, and sections 0.111, 0.204, 0.311
and 1.80(f)(4) of the Commission's Rules, Vincent E. Aversa IS LIABLE FOR
A MONETARY FORFEITURE in the amount of $20,000 for violations of section
301 of the Act and section 80.13 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. Payments
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. FCC Form 159 may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 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. Mr.
Aversa will also send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class Mail and Certified Mail Return Receipt Requested to Vincent E.
Aversa at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
47 U.S.C. S: 301; 47 C.F.R. S: 80.13.
The frequency 156.800 MHz, channel 16, is the international distress,
safety, and calling channel. See 47 C.F.R. S: 80.369(e)(3).
Vincent E. Aversa, Jr., Notice of Apparent Liability for Forfeiture, DA
11-232 (Enf. Bur. Tampa Office, rel. Feb. 8, 2011).
47 U.S.C. S: 503(b).
47 C.F.R. S:S: 0.111, 0.204, 0.311, 1.80(f)(4).
47 U.S.C. S: 301; 47 C.F.R. S: 80.13.
47 U.S.C. S: 504(a).
Federal Communications Commission DA 11-549
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Federal Communications Commission DA 11-549