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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
)
In the Matter of ) File No: EB-05-NY-301
Kacy R. Rankine ) NAL/Acct. No: 200732380001
West Orange, NJ ) FRN: 0015 1782 62
)
)
)
Memorandum opinion and order
Adopted: March 16, 2011 Released: March 17, 2011
By the Chief, Enforcement Bureau:
I. Introduction
1. In this Memorandum Opinion and Order ("MO&O"), we deny the petition
for reconsideration ("Petition") filed by Kacy Rankine ("Rankine")
of the Forfeiture Order issued on January 26, 2007. The Forfeiture
Order imposed a monetary forfeiture in the amount of $10,000 for
willful and repeated violation of section 301 of the Communications
Act of 1934, as amended ("Act"), by operating an unlicensed radio
transmitter on the frequency 90.1 MHz in Newark, New Jersey.
II. Background
2. In the Forfeiture Order, the Enforcement Bureau ("Bureau") held that
Rankine, who failed to respond to the NAL, operated an unlicensed
radio station in Newark, NJ. In his Petition, Rankine does not dispute
the findings in the NAL or the Forfeiture Order, and thus the facts
established in the NAL and Forfeiture Order are incorporated herein by
reference. Rankine requests, however, that the forfeiture be cancelled
or substantially reduced based on his inability to pay. Rankine does
not submit any documentation in support of his request and further
states that he is "unable to make the [financial] showing required"
for relief under the NAL.
III. Discussion
3. For the reasons discussed below, we deny Rankine's request for
reconsideration of the Forfeiture Order. Rankine's sole basis for
seeking reconsideration is that he does not have the financial
resources to pay the proposed forfeiture, a claim that he has not
previously presented to the Bureau. A petition for reconsideration
that relies on facts not previously presented to the designated
authority may be granted only if: (1) the designated authority (the
Bureau in this instance) determines that consideration of the new
facts is required to serve the public interest; (2) the petition
relies on facts that relate to events that occurred or circumstances
that have changed since the last opportunity to present such matters;
or (3) the petition relies on facts unknown to the petitioner until
after his last opportunity to present such matters. In his Petition,
Rankine does not provide the requisite information that would allow us
to evaluate whether he meets any of the three criteria for
reconsideration. As we noted in the NAL, "[t]he 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-year period; (2) financial
statements prepared according to generally accepted accounting
practices (`GAAP'); or (3) some other reliable and objective
documentation that accurately reflects the petitioner's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted." Rankine not only fails to provide any
documentation, but he states in his Petition that he is unable to do
so. We therefore conclude that the matter before us does not warrant
reconsideration and we affirm the Forfeiture Order.
IV. ordering clauses
4. Accordingly, IT IS ORDERED that, pursuant to section 405 of the
Communications Act of 1934, as amended, and section 1.106 of the
Commission's rules ("Rules"), that the Petition for Reconsideration
filed by Kacy Rankine IS DENIED and the Forfeiture Order IS AFFIRMED.
5. IT IS ALSO ORDERED that, pursuant to section 503(b) of the Act, and
sections 0.111, 0.311 and 1.80(f)(4) of the Rules, Kacy Rankine IS
LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
($10,000) for violations of section 301 of the Act.
6. 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 Memorandum Opinion and 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. 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 NAL/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. Please contact the Financial Operations
Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
any questions regarding payment procedures. Rankine shall also send
electronic notification to NER-Response@fcc.gov on the date said
payment is made.
7. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
sent by both regular mail and by certified mail, return receipt
requested, to Rankine's address of record.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
See Kacy R. Rankine, Petition for Reconsideration (filed February 26,
2007) ("Petition").
Kacy R. Rankine, Forfeiture Order, 22 FCC Rcd 750 (Enf. Bur.
2007)("Forfeiture Order"), aff'g Notice of Apparent Liability for
Forfeiture, NAL/Acct. No. 200732380001 (Enf. Bur., New York Office, rel.
Nov. 3, 2006)("NAL").
47 U.S.C. S: 301.
See Forfeiture Order.
See Petition at 2.
47 C.F.R. S:1.106(c).
See NAL P: 22.
See Petition at 2. Even if we were inclined to consider Rankine's claim of
financial hardship, in the absence of the required showing and any
objective documentation, we would have no basis for determining the extent
to which cancellation or reduction of the forfeiture is appropriate.
47 U.S.C. S: 405.
47 C.F.R. S: 1.106.
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 504(a).
(Continued from previous page)
(continued....)
Federal Communications Commission DA 11-449
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Federal Communications Commission DA 11-449