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Federal Communications Commission DA 16-504
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Jose Luis Hernandez
Passaic, New Jersey
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File No.: EB-FIELDNER-15-00018541
NAL/Acct. No.: 201632380001
FRN: 0025007683
FORFEITURE ORDER
Adopted: May 26, 2016 Released: May 26, 2016
By the Regional Director, Region 1, Enforcement Bureau:
1. We impose a penalty of $10,000 against Jose Luis Hernandez for operating a pirate radio
station in Passaic, New Jersey. The Commission warned Mr. Hernandez in writing that pirate operations
are illegal. The fact the Mr. Hernandez would ignore the Commission's warnings demonstrates a
deliberate disregard for the Commission's authority and its rules, warranting a significant penalty.
2. On October 30, 2015, the Enforcement Bureau's New York Office issued a Notice of
Apparent Liability for Forfeiture (NAL) in the amount of $10,000 to Mr. Hernandez
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for willful and
repeated violation of Section 301 of the Communications Act of 1934, as amended (Act)
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for operating an
unlicensed radio transmitter on 95.9 MHz in Passaic, New Jersey. Mr. Hernandez has not filed a response
to the NAL. Based on the information before us, we affirm the forfeiture proposed in the NAL.
3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
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and
Sections 0.111, 0.204, 0.311, and 1.80(f)(4) of the Commission's rules (Rules),
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Jose Luis Hernandez IS
LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars ($10,000) for
violations of Section 301 of the Act.
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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 after the release date of this Forfeiture Order.
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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.
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Jose Luis Hernandez shall send
electronic notification of payment to NER-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.
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When completing the FCC Form 159, enter the
1
Jose Luis Hernandez, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 11673 (Enf. Bur. 2015)
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47 U.S.C. § 301.
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47 U.S.C. § 503(b).
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47 C.F.R. §§ 0.111, 0.204, 0.311, 1.80(f)(4).
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47 U.S.C. § 301.
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47 C.F.R. § 1.80.
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47 U.S.C. § 504(a).
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An FCC Form 159 and detailed instructions for completing the form may be obtained at
(continued....)
Federal Communications Commission DA 16-504
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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.
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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 Forfeiture Order shall be sent by both
First Class Mail and Certified Mail, Return Receipt Requested, to Jose Luis Hernandez at his address of
record.
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
Regional Director
Region 1
Enforcement Bureau
(...continued from previous page)
http://www.fcc.gov/Forms/Form159/159.pdf.
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See 47 C.F.R. § 1.1914.