FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012 Page: 8,921
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slightly mitigated by Emigrant's non-dilatory actions in seeking the necessary operating
authority when confronted by a third party with evidence of its expired license. While the record
indicates that it was not Emigrant's own diligence that led to the discovery of the
violation, Emigrant's efforts to come into compliance preceded the Bureau's investigation and the
initiation of enforcement action.3 Based on all the factors and evidence, including the extended duration
of the violation, we propose an aggregate forfeiture of $20,000.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act3' and
Sections 0.111, 0.311 and 1.80 of the Rules,32 Emigrant Storage LLC IS hereby NOTIFIED of its
APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars ($20,000)
for the willful and repeated violation of Section 301 of the Act" and Sections 1.903(a) and 1.949(a) of the
11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,35 within thirty
days of the release date of this Notice of Apparent Liability for Forfeiture, Emigrant Storage LLC
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture consistent with paragraph 14 below.
12. 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. Emigrant Storage
LLC shall send electronic notification of payment to Susan German and Ricardo Durham at
Susan.German@fcc.gov and Ricardo.Durham@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.36 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:
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
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due to inexperience and ignorance of the rules ... are not reasons to mitigate a forfeiture" for violation of the
30 See 47 C.F.R. 1.80(b)(4), Note to Paragraph (b)(4): Adjustment Criteria for Section 503 Forfeitures
(establishing "good faith or voluntary disclosure" as a downward adjustment factor).
" 47 U.S.C. 503(b).
32 47 C.F.R. 0.111, 0.311, 1.80.
33 47 U.S.C. 301.
3 47 C.F.R. 1.903(a), 1.949(a).
3 47 C.F.R. 1.80.
36 An FCC Form 159 and detailed instructions for completing the form may be obtained at
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 11, Pages 8850 to 9847, July 30 - August 17, 2012, book, August 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133015/m1/88/: accessed August 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.