*Pages 1--2 from Microsoft Word - 37161* Federal Communications Commission DA 04- 900 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 03- NY- 064 ) Esperanza Gonzales d/ b/ a Ivette Car Service ) NAL/ Acct. No. 200432380001 ) Brooklyn, New York ) FRN 0008- 9882- 06 FORFEITURE ORDER Adopted: March 30, 2004 Released: April 1, 2004 By the Chief, Enforcement Bureau: 1. In this Forfeiture Order (“ Order”), we issue a monetary forfeiture in the amount of four thousand dollars ($ 4,000) to Esperanza Gonzales d/ b/ a Ivette Car Service (“ Ivette”) for willful and repeated violation of Section 1.903( a) of the Commission’s Rules (“ the Rules”). 1 The noted violation involves Ivette’s operation of a base station transmitter on an unauthorized frequency of 151.635 MHz, and mobile units on an unauthorized frequency of 155.635 MHz. 2. On December 24, 2003, 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”) 2 in the amount of $4,000 to Ivette. Ivette 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 (“ the Act”), 3 and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 4 Esperanza Gonzales d/ b/ a Ivette Car Service IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 for willfully and repeatedly violating Section 1. 903( a) of the Rules. 4. Payment of the forfeiture shall be made in the manner provided for in Section 1. 80 of the Rules 5 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. 6 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. 200432380001, and FRN 0008- 1 47 C. F. R. § 1.903( a). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200432380001 (Enf. Bur., New York Office, released December 24, 2003). 3 47 U. S. C. § 503( b). 4 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 5 47 C. F. R. § 1.80. 6 47 U. S. C. § 504( a). 1 Federal Communications Commission DA 04- 900 2 9882- 06. 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. 7 5. IT IS FURTHER ORDERED THAT this Order shall be sent by regular mail and by certified mail, return receipt requested, to Esperanza Gonzales d/ b/ a Ivette Car Service, 2958 Fulton Street, Brooklyn, New York 10456. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 7 See 47 C. F. R. § 1.1914. 2