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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of Gary M. Feldman Miami, Florida ) )) ) ) File No.:
EB-FIELDSCR-12-00002250 NAL/Acct. No.: 201332600002 FRN: 0010018281
FORFEITURE ORDER
Adopted: May 16, 2013 Released: May 16, 2013
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 five thousand dollars ($25,000) to Gary M.
Feldman for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended (Act).^ The noted violations
involved Mr. Feldman's operation of an unlicensed radio transmitter on
the frequency 97.7 MHz in Miami, Florida.
2. On February 21, 2013, the Enforcement Bureau's Miami Office (Miami
Office) issued a Notice of Apparent Liability for Forfeiture (NAL) in the
amount of $25,000 to Mr. Feldman.^ Mr. Feldman 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,^ Gary M. Feldman IS LIABLE FOR A
MONETARY FORFEITURE in the amount of $25,000 for violations of Section 301
of the Act.^
4. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Commission's rules within thirty (30) calendar
days after the release date 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 enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ Gary M. Feldman shall send electronic
notification of payment to SCR-Response@fcc.gov on the date said payment
is made. The payment must be made by check or similar instrument, wire
transfer, or credit card, and must include the NAL/Account number and FRN
referenced above. Regardless of the form of payment, a completed FCC Form
159 (Remittance Advice) must be submitted.^ When completing the FCC Form
159, enter the Account Number in block number 23A (call sign/other ID) and
enter the letters "FORF" in block number 24A (payment type code). Below
are additional instructions you should follow based on the form of payment
you select:
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
5. Any request for making full payment over time under an installment plan
should be sent to: Chief Financial Officer--Financial Operations, Federal
Communications Commission, 445 12th Street, S.W., Room 1-A625, Washington,
D.C. 20554.^ If you have questions regarding payment procedures, please
contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
or by e-mail, ARINQUIRIES@fcc.gov.
6. 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 Gary M.
Feldman at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
^ 47 U.S.C. S 301.
^ Gary M. Feldman, Notice of Apparent Liability for Forfeiture, 28 FCC Rcd
1309 (Enf. Bur. 2013).
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 301; 47 C.F.R. SS 0.111, 0.204, 0.311, 1.80(f)(4).
^ 47 U.S.C. S 301.
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 13-1098
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Federal Communications Commission DA 13-1098