Federal Communications Commission DA 17-111 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Iglesia el Remanente Fraternidad Elim, Inc. Arleta, California Belarmino Lara Arleta, California ) ) ) ) ) ) ) ) ) File No. EB-FIELDWR-15-00019600 NAL/Acct. No. 201732900001 FRN: 0026067942 FRN: 0026067959 FORFEITURE ORDER Adopted: February 22, 2017 Released: February 23, 2017 By the Regional Director, Region Three, Enforcement Bureau: 1. We impose a penalty of $25,000 against Iglesia el Remanente Fraternidad Elim, Inc. and Belarmino Lara (collectively, Station Operators), jointly and severally, for operating an unlicensed radio station on 93.7 MHz in Arleta, California. The Bureau previously warned the Station Operators that operation of this unlicensed station was illegal and that continued operation could result in further enforcement action. 1 2. Subsequently, on December 8, 2016, the Enforcement Bureau issued a Notice of Apparent Liability for Forfeiture (NAL) proposing a $25,000 forfeiture against the Station Operators for willful and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act), 2 by operating an unlicensed FM broadcast station on 93.7 MHz in Arleta, California. 3 The Station Operators have 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 4 and Sections 0.111, 0.204, 0.311, and 1.80 of the Commission’s rules (Rules), 5 Iglesia el Remanente Fraternidad Elim, Inc. and Belarmino Lara ARE JOINTLY AND SEVERALLY LIABLE FOR A MONETARY 1 See Resident, Notice of Unlicensed Radio Operation (Los Angeles Field Office, EB, July 30, 2013); Belarmino and Sonia Lara, Notice of Unlicensed Operation (Los Angeles Field Office, EB, Aug. 6, 2013); Pastor Belarmino Lara, Notice of Unlicensed Operation (Los Angeles Field Office, EB, April 13, 2015). Sonia and Lara Belarmino, Notice of Unlicensed Operation (Los Angeles Field Office, EB, April 13, 2016). Belarmino Lara, Notice of Unlicensed Radio Operation (Los Angeles Field Office, EB, July 8, 2016). 2 47 U.S.C. § 301. 3 The NAL includes a more complete discussion of the facts and history of this case and is incorporated herein by reference. Iglesia el Remanente Fraternidad Elim and Belarmino Lara, Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 12757 (EB, Dec. 8, 2016). 4 47 U.S.C. § 503(b). 5 47 CFR §§ 0.111, 0.204, 0.311, 1.80. Federal Communications Commission DA 17-111 2 FORFEITURE in the amount of Twenty-Five Thousand Dollars ($25,000) for willfully and repeatedly violating Section 301 of the Act. 6 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. 7 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. 8 5. 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. Station Operators shall send electronic notification of payment to Matthew L. Gibson at matthew.gibson@fcc.gov, with a copy to WR-Response@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. 9 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 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. 6. 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. 10 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. 6 47 U.S.C. § 301. 7 47 CFR § 1.80. 8 47 U.S.C. § 504(a). 9 An FCC Form 159 and detailed instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 10 See 47 CFR § 1.1914. Federal Communications Commission DA 17-111 3 7. 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 Iglesia el Remanente Fraternidad Elim, Inc. and Belarmino Lara at their respective addresses of record. FEDERAL COMMUNICATIONS COMMISSION Lark Hadley Regional Director Region Three Enforcement Bureau