*Pages 1--2 from Microsoft Word - 38428* Federal Communications Commission DA 04- 1402 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) L. A. C. A., State of New York, Inc. ) File No.: EB- 03- NY- 125 ) NAL/ Acct. No. 200432380007 Bronx, New York ) FRN 0007 8304 58 ) FORFEITURE ORDER Adopted: May 17, 2004 Released: May 20, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of ten thousand dollars ($ 10,000) to L. A. C. A., State of New York, Inc. (“ L. A. C. A.”) for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (“ Act”). 1 The noted violation involves L. A. C. A. operating a radio station on the frequencies of 96.1 MHz and 96.5 MHz without Commission authorization. 2. On February 24, 2004, the District Director of the Commission’s New York, New York Field Office (“ New York Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $10,000 to L. A. C. A. 2 L. A. C. A. 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 Act, 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Commission’s Rules (“ Rules), 4 L. A. C. A., State of New York, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301 of the Act. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the Rules within 30 days of the release of this Order. If the forfeiture is not paid within the period specified, the case may be referred to the Department of Justice for collection pursuant to Section 504( a) of the Act. 5 Payment shall be made by mailing a check or similar instrument, payable to the order of the “Federal Communications Commission,” to the Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482. The payment should note NAL/ Acct. No. 200432380007 and 1 47 U. S. C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432380007 (Enf. Bur., New York Office, released February 24, 2004). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 04- 1402 2 FRN 0007 8304 58. Requests for full payment under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S. W., Washington, D. C. 20554. 6 7. IT IS FURTHER ORDERED that a copy of this Order shall be sent by first class mail and certified mail return receipt requested, to L. A. C. A., State of New York, Inc., 1112 Garrison Avenue, Bronx, New York 10474. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 See 47 C. F. R. § 1.1914. 2