*Pages 1--2 from Microsoft Word - 60861.doc* Federal Communications Commission DA 06- 2273 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Shawn Deroux Bronx, NY ) ) ) ) ) ) ) File Number: EB- 05- NY- 290 NAL/ Acct. No: 200632380008 FRN: 0014159255 ORDER Adopted: November 2, 2006 Released: November 6, 2006 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Order, we reconsider on our motion, pursuant to Section 1.108 of the Commission’s Rules, 1 the Forfeiture Order issued in the above- captioned proceeding. Specifically, we amend the Forfeiture Order to affirm the full seventeen thousand dollar ($ 17,000) forfeiture amount proposed in the underlying Notice of Apparent Liability for Forfeiture (“ NAL”). 2. On October 13, 2006, the Enforcement Bureau issued a Forfeiture Order in the amount of ten thousand dollars ($ 10,000) to Shawn Deroux (“ Deroux”) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended (“ Act”), by operating an unlicensed radio transmitter on the frequency 87.9 MHz in Bronx, NY. 2 The Forfeiture Order inadvertently failed to address the seven thousand dollar ($ 7,000) forfeiture amount proposed in the NAL for Deroux’s willful and repeated failure to permit a station inspection in violation of Section 303( n) of the Act. 3 The Forfeiture Order was intended to affirm the full $17,000 forfeiture amount proposed in the NAL based on Deroux’s failure to respond to the NAL released on August 8, 2006. We find, based on the information before us, that Deroux willfully and repeatedly violated Sections 301 and 303( n) of the Act and the full $17,000 forfeiture amount proposed in the NAL should be affirmed. 3. Accordingly, IT IS ORDERED that, pursuant to the authority contained in Section 1.108 of the Commission's rules, 47 C. F. R. § 1. 108, we hereby reconsider and amend, on our own motion, the October 13, 2006, Forfeiture Order, as explained herein. 1 47 C. F. R. § 1.108 provides that the Commission may, on its own motion, set aside any action made or taken within 30 days from the date of public notice of such action, as that date is defined in section 1.4 of the Commission's rules. 2 Shawn Deroux, DA 06- 2018, 2006 WL 2934354 (rel. Oct. 13, 2006). 3 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200632380008 (Enf. Bur., New York Office, released August 8, 2006). 1 Federal Communications Commission DA 06- 2273 2 4. IT IS FURTHER ORDERED that, pursuant to Section 503( b) of the Communications Act of 1934, as amended (“ Act”), 4 and Sections 0.111, 0.311, and 1.80( f)( 4) of the Commission’s Rules, 5 Shawn Deroux IS LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for willfully and repeatedly violating Sections 301 and 303( n) of the Act. 5. Payment of the forfeiture shall be made in the manner provided for in Section 1. 80 of the Rules within thirty (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 of the forfeiture must be made by check or similar instrument, payable to the order of the Federal Communications Commission. The payment must include the NAL/ Acct. No. and FRN No. referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P. O. Box 358340, Pittsburgh, PA 15251- 8340. Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire transfer may be made to ABA Number 043000261, receiving bank Mellon Bank, and account number 911- 6106. Requests for full payment under an installment plan should be sent to: Associate Managing Director, Financial Operations, 1A625, 445 12th Street, S. W., Washington, D. C. 20554. 7 6. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Shawn Deroux at his address of record. FEDERAL COMMUNICATIONS COMMISSION Russell Monie, Jr. Regional Director, Northeast Region Enforcement Bureau 4 47 U. S. C. § 503( b). 5 47 C. F. R. §§ 0. 111, 0.311, 1.80( f)( 4). 6 47 U. S. C. § 504( a). 7 See 47 C. F. R. § 1.1914. 2