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 Federal  Communications  Commission  DA  05-  85 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Milton  Goodman 
 Notice  of  Apparent  Liability  for  Forfeiture 


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 File  No.  EB-  03-  IH-  0555  NAL/  Acct.  No.  200432080302 
 FCC  Account  ID  No.  0501643234  FRN  0009415233 


 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  January  14,  2005  Released:  January  14,  2005 
 By  the  Chief,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Memorandum  Opinion  and  Order,  we  grant  the  request  of  Milton  Goodman  to  cancel  the  Notice  of  Apparent  Liability  for  Forfeiture  (“  NAL”)  issued  against  him  on  September  14,  2004.  The 


 NAL  proposed  a  monetary  forfeiture  in  the  amount  of  $10,000  for  Mr.  Goodman’s  apparent  failure  to  respond  fully  and  in  writing  to  a  directive  of  the  Enforcement  Bureau  (“  Bureau”).  1 


 II.  BACKGROUND 
 2.  On  September  14,  2004,  the  Bureau  released  the  NAL,  finding  Milton  Goodman,  an  applicant  in  two  Commission  narrowband  PCS  spectrum  auctions,  2  apparently  liable  for  a  monetary 


 forfeiture  in  the  amount  of  $10,000  for  apparently  willfully  violating  a  Commission  order  by  failing  to  respond  fully  and  in  writing  to  a  Letter  of  Inquiry  (“  LOI”)  from  the  Bureau.  That  LOI  had  directed  Mr. 
 Goodman  to  provide  certain  information  and  documents  concerning  his  participation  in  these  auctions  and  his  communications  during  the  auctions  with  another  applicant  in  the  auctions.  3  The  NAL  found 
 that  Mr.  Goodman  had  willfully  failed  to  respond  the  LOI,  in  violation  of  the  Bureau’s  directive  to  do  so.  4 


 3.  On  October  15,  2004,  Mr.  Goodman  responded  to  the  NAL.  5  He  requests  that  the  proposed  forfeiture  be  cancelled  and  asserts  that  he  is  financially  unable  to  pay  any  forfeiture  amount.  In  support 
 1  Milton  Goodman,  Notice  of  Apparent  Liability  for  Forfeiture,  19  FCC  Rcd  18119  (Enf.  Bur.  2004)  (“  Goodman 
 NAL”)  .  2 
 The  Commission’s  September  24-  26,  2003,  Narrowband  PCS  Spectrum  Auction  (“  Auction  No.  50”)  and  the  September  24-  25,  2003,  Regional  Narrowband  PCS  Spectrum  Auction  (“  Auction  No.  51”). 


 3  See  Letter  from  William  D.  Freedman,  Deputy  Chief,  Investigations  and  Hearings  Division  of  Commission’s 
 Enforcement  Bureau,  to  Milton  Goodman,  dated  May  3,  2004.  4 
 Goodman  NAL  at  ¶  6.  5 
 See  Answer  To  Notice  Of  Apparent  Liability  For  Forfeiture  dated  October  12,  2004  (“  Answer”);  Request  To  Vacate,  And  Set  Aside  Apparent  Liability  for  Forfeiture  dated  October  12,  2004. 
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 Federal  Communications  Commission  DA  05-  85 
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 of  this  claim,  Mr.  Goodman  has  submitted  documentation  and  sworn  affidavits  demonstrating  that  he  is  currently  unemployed,  dependent  on  his  brother  for  financial  support,  and  lives  on  an  income  of  less 
 than  $500  per  month,  with  monthly  bills  meeting  or  exceeding  his  income. 
 4.  Based  on  our  review  of  the  financial  documentation  provided,  we  conclude  that  payment  of  the  proposed  forfeiture  would  impose  financial  hardship  on  Mr.  Goodman.  In  view  of  Mr.  Goodman’s 


 extreme  financial  distress,  cancellation  of  the  $10,000  forfeiture  assessment  is  warranted.  6 
 IV.  ORDERING  CLAUSES 
 5.  Accordingly,  IT  IS  ORDERED  that,  pursuant  to  section  503(  b)  of  the  Communications  Act  of  1934,  as  amended,  and  sections  0.111,  0.311  and  1.80(  f)(  4)  of  the  Rules,  7  the  forfeiture  in  the  amount 


 of  ten  thousand  dollars  ($  10,  000)  proposed  in  the  September  14,  2004,  Notice  of  Apparent  Liability  for  Forfeiture  issued  to  Milton  Goodman  IS  CANCELLED. 


 6.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Memorandum  Opinion  and  Order  shall  be  sent  by  First  Class  and  Certified  Mail  Return  Receipt  Requested  to  Milton  Goodman,  342  West  71  st 
 Street,  New  York,  New  York  10023. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 6  See  Thomas  A.  Brothers,  Memorandum  Opinion  and  Order,  17  FCC  Rcd  26125  (Enf.  Bur.  2002);  Rainbow 
 Honolulu  Licensee  of  Station  WPKK857,  Memorandum  Opinion  and  Order,  19  FCC  Rcd  17705  (Enf.  Bur.  2004);  Renaissance  Radio,  Inc.,  Memorandum  Opinion  and  Order,  19  FCC  Rcd  10494  (Enf.  Bur.  2004);  Pembina 


 Emergency  Services,  Memorandum  Opinion  and  Order,  15  FCC  Rcd  8467  (WTB  1999).  7 
 47  C.  F.  R.  §§  0.111,  0.  311,  1.80(  f)(  4). 
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