Federal Communications Commission DA 16-506 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Alejandro Ramirez Paterson, New Jersey ) ) ) ) ) File No.: EB-FIELDNER-15-00019219 NAL/Acct. No.: 201532380003 FRN: 0024891756 FORFEITURE ORDER Adopted: May 26, 2016 Released: May 26, 2016 By the Regional Director, Region 1, Enforcement Bureau: 1. We impose a penalty of $15,000 against Alejandro Ramirez for operating a pirate radio station in Paterson, New Jersey. The Commission warned Mr. Ramirez in writing that pirate operations are illegal. The fact the Mr. Ramirez would ignore the Commission's warnings demonstrates a deliberate disregard for the Commission's authority and its rules, warranting a significant penalty. 2. On September 18, 2015, the Enforcement Bureau's New York Office issued a Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Ramirez 1 for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act) 2 for operating an unlicensed radio transmitter on 90.5 MHz in Paterson, New Jersey. Mr. Ramirez has not filed a response to the NAL. Based on the information before us, we affirm the forfeiture proposed in the NAL. 3. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the Act, 3 and Sections 0.111, 0.204, 0.311, and 1.80(f)(4) of the Commission's rules (Rules), 4 Alejandro Ramirez IS LIABLE FOR A MONETARY FORFEITURE in the amount of fifteen thousand dollars ($15,000) for violations of Section 301 of the Act. 5 4. 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 date of this Forfeiture Order. 6 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. 7 Alejandro Ramirez shall send electronic notification of payment to NER-Response @fcc.gov on the date said payment is made. The payment must be made by check or similar instrument, wire transfer, or credit card, and must include the NAL/Account Number and FRN referenced above. Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be submitted. 8 When completing the FCC Form 159, enter the 1 Alejandro Ramirez, Notice of Apparent Liability for Forfeiture, 30 FCC Rcd 10096 (Enf. Bur. 2015) 2 47 U.S.C. § 301. 3 47 U.S.C. § 503(b). 4 47 C.F.R. §§ 0.111, 0.204, 0.311, 1.80(f)(4). 5 47 U.S.C. § 301. 6 47 C.F.R. § 1.80. 7 47 U.S.C. § 504(a). 8 An FCC Form 159 and detailed instructions for completing the form may be obtained at (continued....) Federal Communications Commission DA 16-506 2 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 you should follow based on the form of payment you select: ? Payment by check or money order must be made payable to the order of the Federal Communications Commission. Such payments (along with the completed Form 159) must 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. ? 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 Form 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. 5. 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, S.W., Room 1-A625, Washington, D.C. 20554. 9 If you have questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov. 6. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by both First Class Mail and Certified Mail, Return Receipt Requested, to Alejandro Ramirez at his address of record. FEDERAL COMMUNICATIONS COMMISSION David C. Dombrowski Regional Director Region 1 Enforcement Bureau (...continued from previous page) http://www.fcc.gov/Forms/Form159/159.pdf. 9 See 47 C.F.R. § 1.1914.