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	Federal Communications Commission	DA 18-1104


Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Winston Tulloch,
Paterson, New Jersey
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File No.: EB-FIELDNER-15-00019211
NAL/Acct No.: 201832010001
FRN:  0015762370

FORFEITURE ORDER

Adopted:  October 30, 2018	Released:  October 31, 2018

By the Regional Director, Region One, Enforcement Bureau:

1. We impose a penalty of $25,000 against Winston Tulloch for operating an unlicensed FM radio station on 90.9MHz in Paterson, New Jersey.  Commission action in this area is essential because unlicensed radio stations do not broadcast Emergency Alert Service messages and therefore create a public safety hazard for their listeners.  Moreover, unlicensed radio stations create a danger of interference to licensed communications and undermine the Commissions authority over broadcast radio operations.
2. On April 25, 2018, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $25,000 forfeiture against Mr. Tulloch for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act), 47 U.S.C.  301.
 by operating an unlicensed FM radio station on 90.9MHz in Paterson, New Jersey. The NAL includes a complete discussion of the facts and history of this case.  See Winston Tulloch, Paterson, New Jersey, Notice of Apparent Liability for Forfeiture, DA 18-405 (EB 2018).
  Mr. Tulloch has not filed a response to the NAL.  We hereby incorporate by reference herein, affirm, and adopt as final all of our tentative findings of fact and conclusions of law set forth in the NAL and assess the forfeiture that we proposed in the NAL. 
3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act 47 U.S.C.  503(b).
 and Section 1.80 of the Commissions rules, 47 CFR  1.80.
 Winston Tulloch IS LIABLE FOR A MONETARY FORFEITURE in the amount of Twenty-Five Thousand Dollars ($25,000) for willfully and repeatedly violating Section 301 of the Act. 47 U.S.C.  301.

4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Commissions rules within thirty (30) calendar days after the release date of this Forfeiture Order. 47 CFR  1.80.
  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. 47 U.S.C.  504(a).
  
5. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above.  Winston Tulloch shall send electronic notification of payment to field@fcc.gov on the date said payment is made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted. An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
  When completing the 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 that should be followed based on the form of payment selected:
 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, SLMO-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.

6. 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, SW, Room 1-A625, Washington, DC 20554. See 47 CFR  1.1914.
  Questions regarding payment procedures should be directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first class mail and certified mail, return receipt requested, to Winston Tulloch at his address of record.

						FEDERAL COMMUNICATIONS COMMISSION




						David Dombrowski
						Regional Director, Region One
						Enforcement Bureau

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