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Federal Communications Commission DA 18-823
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Juan Carlos Uribe
Van Nuys, California
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File No.: EB-FIELDWR-16-00022797 The investigation began under File No. EB-FIELDWR-16-00022674 and was subsequently assigned File No. EBFIELDWR-16-00022797. Any future correspondence with the Commission concerning this matter should reflect
the new case number.
NAL/Acct. No.: 201832030001
FRN: 0024463671
FORFEITURE ORDER
Adopted: August 6, 2018 Released: August 6, 2018
By the Regional Director, Region Three, Enforcement Bureau:
1. We impose a penalty of $15,000 against Juan Carlos Uribe for operating an unlicensed radio station on 95.1 MHz in Van Nuys, California. Commission Field Agents observed Mr. Uribe operating his unauthorized radio station in 2016. Commission action in this area is essential because unlicensed radio stations do not broadcast Emergency Alert Service (EAS) messages, and so 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 FM broadcast radio operations.
2. On November 21, 2017, the Enforcement Bureau (Bureau) issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $15,000 forfeiture against Mr. Uribe for willfully violating Section 301 of the Communications Act of 1934, as amended (Act), 47 U.S.C. 301.
by operating an unlicensed radio station in Van Nuys, California on December 17, 2016. The NAL includes a more complete discussion of the facts and history of this case and is incorporated herein by reference. See Juan Carlos Uribe, Notice of Apparent Liability for Forfeiture, 32 FCC Rcd 9515, 9515-16, paras.23 (EB 2017).
Mr. Uribe 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, 47 U.S.C. 503(b).
and Sections 0.111, 0.204, 0.311, and 1.80 of the Commissions rules, 47 CFR 0.111, 0.204, 0.311, 1.80.
Juan Carlos Uribe IS LIABLE FOR A MONETARY FORFEITURE in the amount of Fifteen Thousand dollars ($15,000) for willfully 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. Juan Carlos Uribe shall send electronic notification of payment to Steven Spaeth at steven.spaeth@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 159anddetailed instructionsfor 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 1A625, 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 Juan Carlos Uribe at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Lark Hadley
Regional Director
Region Three
Enforcement Bureau
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