Federal Communications Commission DA 07-187 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Elroy Simpson Brooklyn, NY ) ) ) ) ) ) ) File Number: EB-06-NY-006 NAL/Acct. No: 200732380002 FRN: 0015 6596 83 FORFEITURE ORDER Adopted: January 24, 2007 Released: January 26, 2007 By the Regional Director, Northeast Region, Enforcement Bureau: 1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of ten thousand dollars ($10,000) to Elroy Simpson (“Simpson”) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended (“Act”),1 by operating an unlicensed radio transmitter on the frequency 102.3 MHz in Brooklyn, NY. 2. On November 8, 2006, the Commission’s New York Field Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $10,000 to Simpson.2 Simpson 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 (“Act”),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission’s Rules,4 Elroy Simpson 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 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.5 Payment of the forfeiture must be made by check or similar instrument, payable to the order 1 47 U.S.C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380002 (Enf. Bur., New York Office, released November 8, 2006). 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). Federal Communications Commission DA 07-187 2 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. 20554.6 5. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail and Certified Mail Return Receipt Requested to Elroy Simpson at his address of record. FEDERAL COMMUNICATIONS COMMISSION Russell Monie, Jr. Regional Director, Northeast Region Enforcement Bureau 6 See 47 C.F.R. § 1.1914.