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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
File Numbers: EB-10-SF-0095
In the Matter of )
EB-10-SF-0105
Gabriel A. Garcia )
NAL/Acct. No.: 201132960003
San Jose, California )
FRN: 0020645396
)
)
FORFEITURE ORDER
Adopted: March 14, 2012 Released: March 15, 2012
By the Regional Director, Western Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order, we issue a monetary forfeiture in the amount
of twenty-five thousand dollars ($25,000) to Gabriel A. Garcia
(Garcia) for willfully and repeatedly violating Section 303(n) of the
Communications Act of 1934, as amended (Act). The noted violations
involved Garcia's failure to allow inspection of an unlicensed
broadcast station operating on various FM band frequencies in San
Jose, California.
2. On May 4, 2011, the Enforcement Bureau's San Francisco Office (San
Francisco Office) issued a Notice of Apparent Liability for Forfeiture
(NAL) in the amount of $25,000 to Garcia. Garcia 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, 0.314, and 1.80(f)(4) of the Commission's Rules, Gabriel A.
Garcia IS LIABLE FOR A MONETARY FORFEITURE in the amount of
twenty-five thousand dollars ($25,000) for willfully and repeatedly
violating Section 303(n) of the Communications Act of 1934, as
amended.
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days of the
release of this Forfeiture Order. If the forfeiture is not paid within
the period specified, the case may be referred to the U.S. 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 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. Gabriel A. Garcia shall also send
electronic notification on the date said payment is made to
WR-Response@fcc.gov
5. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested, to Gabriel A. Garcia, at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Rebecca L. Dorch
Regional Director, Western Region
Enforcement Bureau
47 U.S.C. S: 303(n).
Gabriel A. Garcia, Notice of Apparent Liability for Forfeiture, 26 FCC Rcd
6692 (Enf. Bur. 2011) (NAL).
47 U.S.C. S:S: 303(n), 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80(f)(4).
47 U.S.C. S: 504(a).
Federal Communications Commission DA 12-368
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Federal Communications Commission DA 12-368