FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,930
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Mr. Bazile continued to operate albeit at a different location after being put on notice that his unlicensed
operation contravened the Act, Rules, and related Commission Orders demonstrates a deliberate disregard
for the Commission's requirements. Based on the evidence before us, we find that an upward adjustment of
$10,000 is warranted." Applying the Forfeiture Policy Statement, section 1.80 of the Rules, and the
statutory factors to the instant case, we conclude that Mr. Bazile is apparently liable for a forfeiture in the
amount of $20,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the Communications
Act of 1934, as amended, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Marckenson Bazile is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty
thousand dollars ($20,000) for violation of section 301 of the Act.'2
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules, within thirty
(30) days of the release date of this Notice of Apparent Liability for Forfeiture, Marckenson Bazile SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
9. Payment of the forfeiture must be made by credit card, check, or similar instrument,
payable to the order of the Federal Communications Commission. The payment must include the
Account Number and FRN referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters "FORF" in
block number 24A (payment type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer - Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.'3 For questions about payment, contact the Financial Operations Group Help
Desk at 1-877-480-3201 or Email: ARINOUIRIESa fcc.gov. Also, Marckenson Bazile shall send an
email notification on the date said payment is made to SCR-Response@fcc.gov.
10. The written statement seeking reduction or cancellation of the proposed forfeiture, if any,
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant
to Sections 1.80(f)(3) and 1.16 of the Rules. The written statement, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, South Central Region, Miami Office, PO Box
520617, Miami, FL 33152 and must include the NAL/Acct. No. referenced in the caption. The statement
shall also be entailed to SCR-Response@fcc.gov.
I1. The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-
" See Nounoune Lubin, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 12654 (Enf. Bur. 2010) (upwardly
adjusted by $10,000 because violator operated an unlicensed radio station on multiple days with full knowledge that
such action violated the rules).
2 47 U.S.C. 301, 503(b); 47 C.F.R. 0.111, 0.311, 0.314, 1.80.
" See 47 C.F.R. 1.1914.
Federal Communications Commission
DA 11 -567
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/102/: accessed April 25, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.