Jeffrey Darius
Federal Communications Commission
DA 12-1488
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of)
)
Jeffrey Darius
)
File No.: EB-11-MA-0188
)
NAL/Acct. No.: 201232600008
Miami, Florida
)
FRN: 0021554308
)
FORFEITURE ORDER
Adopted:
September 14, 2012Released:
September 14, 2012By the Regional Director, South Central Region, Enforcement Bureau:
1.
In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of fifteen
thousand dollars ($15,000) to Jeffrey Darius for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended (Act).1 The noted violations involved Mr. Darius’s operation of
an unlicensed radio station on the frequency 88.7 MHz in Miami, Florida.
2.
On March 6, 2012, the Enforcement Bureau’s Miami Office (Miami Office) issued a
Notice of Apparent Liability for Forfeiture (NAL) in the amount of $15,000 to Mr. Darius.2 Mr. Darius 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 theCommunications Act of 1934, as amended,3 and Sections 0.111, 0.204, 0.311 and 1.80(f)(4) of the
Commission’s rules,4 Jeffrey Darius
IS LIABLE FOR A MONETARY FORFEITURE
in the amountof $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
Commission’s 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 Jeffrey Darius shall send
electronic notification of payment to SCR-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
1 47 U.S.C. § 301.
2 Jeffrey Darius., Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 2277 (Enf. Bur. 2012).
3 47 U.S.C. § 503(b).
4 47 U.S.C. § 301; 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).
Federal Communications Commission
DA 12-1488
FCC Form 159 (Remittance Advice) must be submitted.8 When completing the FCC 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 you should follow based on the form of
payment you select:
Ÿ
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.
Ÿ
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.
Ÿ
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 full payment 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.
5.
IT IS FURTHER ORDERED
that a copy of this Order shall be sent by both First ClassMail and Certified Mail, Return Receipt Requested, to Jeffrey Darius at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. CarltonRegional Director, South Central Region
Enforcement Bureau
8 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
9 See 47 C.F.R. § 1.1914.
2
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