[IRCA] FCC gets "tough" on one of the Boston X-band pirates...

[Scott Fybush <scott@xxxxxxxxxx>]

Of course, there's the little matter of getting 
Mr. Simon to actually PAY now that he's been 
ordered to do so...but still, it's evidence that 
the FCC's not ignoring the situation completely.

One down, 300 to go, right, Bruce Conti? :-)

s

>  *Pages 1--2 from  Microsoft Word - 
> 54543.doc*   Federal  Communications 
> Commission  DA  06-  144    Before  the 
> Federal  Communications  Commission 
> Washington,  D.  C.  20554        In  the 
> Matter  of    Sylvane  Simon  Mattapan,  MA 
> )  )    )  )    )  )    )        File  Number 
> EB-  04-  BS-  067    NAL/  Acct.  No. 
> 200532260002    FRN  0013802681 
> FORFEITURE  ORDER    Adopted:  January  24, 
> 2006  Released:  January  26,  2006    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  Sylvane 
> Simon  (?  Simon?)  for  willful  and  repeated 
>   violation  of  Section  301    of  the 
> Communications  Act  of  1934,  as  amended  (? 
>   Act?).  1  Specifically,  we  find  Mr. 
> Simon  apparently  liable  for  operating 
> radio  transmission  equipment  without  a  license  on  1640
>   KHz  in
>   Mattapan,  MA.        2.  On  July  26, 
> 2005,  the  Commission?s  Boston  Field  Office 
>   (?  Boston  Office?)  issued  a  Notice  of 
> Apparent  Liability  for  Forfeiture  (?  NAL?) 
>   in  the  amount  of  $10,000  to  Simon.  2 
> Simon  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  Sylvane 
> Simon  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    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 
>     1  47  U.  S.  C.  §  301    2  Notice  of 
> Apparent  Liability  for  Forfeiture,  NAL/ 
> Acct.  No.  200532260002  (Enf.  Bur.,  Boston 
> Office,  released  July  26,    2005).        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).   1 
> Federal  Communications  Commission  DA  06-  144    2    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  Sylvane  Simon 
> 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.   2


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