Federal Communications Commission DA 08-1510 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Frank Rodriguez Paterson, NJ ) ) ) ) ) ) ) File Number: EB-08-NY-032 NAL/Acct. No: 200832380007 FRN: 0017 5086 15 FORFEITURE ORDER Adopted: June 26, 2008 Released: June 30, 2008 By the Acting 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 Frank Rodriguez (“Rodriguez”) for willfully and repeatedly violating Section 301 of the Communications Act of 1934, as amended (“Act”),1 by providing services and facilities incidental to the operation of an unlicensed radio transmitter on the frequency 90.5 MHz in Paterson, NJ. 2. On April 9, 2008, the Commission’s New York Field Office issued a Notice of Apparent Liability for Forfeiture (“NAL”) in the amount of $10,000 to Rodriguez.2 Rodriguez 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 Frank Rodriguez IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000 for willfully and repeatedly violating Section 301of the Act. 4. 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/Account Number and FRN Number referenced above. Payment by check or money order may be mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005 1 47 U.S.C. § 301. 2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832380007 (Enf. Bur., New York Office, rel. April 9, 2008). 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4). Federal Communications Commission DA 08-1510 2 Convention Plaza, St. Louis, MO 63101. Payment[s] by wire transfer may be made to ABA Number 021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card, an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in block number 24A (payment type code). Requests for full payment under an installment plan should be sent to: Chief Financial Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 20554.5 Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Rodriguez shall also send electronic notification on the date said payment is made to NER-Response@fcc.gov. 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 Frank Rodriguez at his address of record. FEDERAL COMMUNICATIONS COMMISSION G. Michael Moffitt Acting Regional Director, Northeast Region Enforcement Bureau 5 See 47 C.F.R. § 1.1914.