Federal Communications Commission DA 16-1338
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
DANIEL DELISE
Astoria, New York
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File No.:  EB-FIELDNER-16-00021400
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NAL/Acct. No.:  201632380003
FRN:  0025855933
FORFEITURE ORDER
Adopted:  December 5, 2016 Released:  December 5, 2016
By the Regional Director, Region One, Enforcement Bureau:
I. INTRODUCTION
1. We impose a penalty of $23,000 against Daniel Delise (Mr. Delise) for operating an 
unlicensed amateur radio station on the Amateur Radio Service frequency 147.96 MHz from his residence 
in Astoria, New York, and falsely transmitting an officer-in-distress call.  The penalty represents the full 
amount proposed in the Notice of Apparent Liability for Forfeiture,
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and is based on the full base 
forfeiture amount as well as an upward adjustment reflecting Mr. Delise’s decision to continue his 
misconduct after being warned that his actions violated the Communications Act (Act) and the 
Commission’s rules.  After reviewing Mr. Delise’s response to the NAL, we find no reason to cancel, 
withdraw, or reduce the proposed penalty, and we therefore assess the $23,000 forfeiture the Bureau
previously proposed.      
II. BACKGROUND
2. On August 31, 2016, the Enforcement Bureau (Bureau) issued an NAL proposing a 
$23,000 forfeiture against Mr. Delise for his apparent willful violation of Section 301 of the Act for 
operating an unlicensed station on Amateur Radio Service frequency 147.96 MHz and Section 325(a) of
the Act for knowingly transmitting a false or fraudulent signal of distress.
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On September 15, 2016, Mr. 
Delise’s response to the NAL was filed.
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  The NAL Response does not deny that Mr. Delise violated the 
Act, but rather argues that the NAL should be cancelled due to an inability to pay.  Mr. Delise also states 
that he is currently incarcerated and has no income or assets of any kind.  
III. DISCUSSION
3. Mr. Delise makes no attempt to refute any of the factual findings or the legal conclusions
in the NAL that he operated an unauthorized amateur radio station without a license, or made a false 
officer-in-distress call.  Rather, he emphasizes that he has no assets or income, suggesting that the 
                                                     
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The investigation began under File No. EB-FIELDNER-14-00017532 and was subsequently assigned File No. EB-
FIELDNER-16-00021400.  Any future correspondence with the Commission concerning this matter should reflect 
the new case number.  
2
Daniel Delise, Astoria, New York, Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 9656 (EB, Regional 
Director, Region One, 2016)(NAL).
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NAL, 31 FCC Rcd at 9658, paras. 7-8.
  
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The NAL Response is a handwritten letter that purports to have been filed by Mr. Delise’s father, Salvatore Delise.  
Letter from Salvatore Delise (dated Sept. 12, 2016) (on file in EB-FIELDNER-16-00021400) (NAL Response).    
Federal Communications Commission DA 16-1338
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forfeiture amount should be reduced or cancelled based on his inability to pay.
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  We decline to reduce or 
cancel the forfeiture on this basis.  The NAL stated that the Commission will not consider a request for a 
reduction or cancellation of a proposed forfeiture unless the person who is subject to the NAL has 
requested such reduction or cancellation and submitted “a detailed factual statement supported by 
appropriate documentation and affidavits pursuant to Sections 1.16 and 1.80(f)(3) of the rules.”
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  The 
NAL also explained that, to support a claim of inability to pay, Mr. Delise would need to submit (1) 
federal tax returns for the most recent three-year period; (2) financial statements prepared according to 
generally accepted accounting practices; or (3) some other reliable and objective documentation that 
accurately reflects the petitioner’s current financial status.
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  Mr. Delise did not submit any required 
documentation or affidavits as required by the Commission’s rules.  Accordingly, we find no basis to 
reduce or cancel the forfeiture based on an alleged inability to pay.  
IV. CONCLUSION
4. Based on the record before us and in light of the applicable statutory factors and the 
Commission’s forfeiture guidelines, we conclude that Daniel Delise willfully violated Section 301 and 
Section 325 by operating an unlicensed amateur radio station and falsely transmitting an officer in distress 
call.  We decline to cancel or reduce the $23,000 forfeiture proposed in the NAL.  
V. ORDERING CLAUSES
5. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act,
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and Section 
1.80 of the Rules,
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Daniel Delise IS LIABLE FOR A MONETARY FORFEITURE in the amount of 
twenty three thousand dollars ($23,000) for willfully and repeatedly violating Section 301 for operating 
an unauthorized radio station and Section 325(a) for knowingly transmitting a false or fraudulent signal of 
distress.
6. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within thirty (30) calendar days after the release of this Forfeiture Order.
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  If the forfeiture is not 
paid within the period specified, the case may be referred to the U.S. Department of Justice for 
enforcement of the forfeiture pursuant to Section 504(a) of the Act.
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7. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account Number and FRN referenced above.  Daniel Delise shall 
                                                     
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Mr. Delise also says he has been in and out of drug treatment programs for years.  Illegal drug use, however, does 
not excuse Mr. Delise’s actions, nor is it a basis for a downward adjustment of a forfeiture.  See 47 C.F.R. § 1.80; 
Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, Report and Order, 12 FCC Rcd 17087, 17116, Appendix A, Section II (downward adjustment factors) 
(1997) (Forfeiture Policy Statement), recon. denied, 15 FCC Rcd 303 (1999).  
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NAL, 31 FCC Rcd at 9661, para. 17.  
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NAL, 31 FCC Rcd at 9661, para. 18.  The Commission has discretion regarding the objective evidence of the 
ability to pay.  Forfeiture Policy Statement, 12 FCC Rcd at 17107, para. 44 (“[T]he Commission has the flexibility 
to consider any documentation, not just audited financial statements, that it considers probative, objective evidence 
of the violator's ability to pay a forfeiture.”)  The NAL Response provides only unsupported assertions that Mr. 
Delise has no assets or income, and without any such support, we cannot consider those assertions to be probative.  
Moreover, as noted above, the NAL Response was signed by Salvatore Delise, purporting to be Mr. Delise’s father.  
Given Salvatore Delise’s claimed familial relationship with Mr. Delise, we cannot consider the statements in the 
NAL Response to be objective.   
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47 U.S.C. § 503(b).
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47 C.F.R. § 1.80.
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Id.
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47 U.S.C. § 504(a).
Federal Communications Commission DA 16-1338
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send electronic notification of payment to Janet F. Moran at Janet.Moran@fcc.gov on the date said 
payment is made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) 
must be submitted.
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  When completing the Form 159, enter the Account Number in block number 23A 
(call sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).  Below are 
additional instructions that should be followed based on the form of payment selected:
? Payment by check or money order must be made payable to the order of the Federal 
Communications Commission.  Such payments (along with completed Form 159) must be 
mailed to the Federal Communications Commission, P.O. Box 979088, St. Louis, MO 
63197-9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, 
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
? Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
? Payment by credit card must be made by providing the required credit card information on 
FCC From 159 and signing and dating the Form 159 to authorize the credit card payment.  
The completed Form 159 must then be mailed to Federal Communications Commission, 
P.O. Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
8. Any request for making full payment over time under an installment plan should be sent 
to: Chief Financial Officer – Financial Operations, Federal Communications Commission, 445 12th 
Street, SW, Room 1-A625, Washington, DC 20554.
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  Questions regarding payment procedures should be 
directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
9. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first 
class mail and certified mail, return receipt requested, to Daniel Delise at his address of record.  
FEDERAL COMMUNICATIONS COMMISSION
David C. Dombrowski
Regional Director 
Region One 
Enforcement Bureau
                                                     
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An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
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See 47 C.F.R. § 1.1914.