******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Edwin Raices ) Andres Rivera Regis ) NAL/Acct. No. 815DT0001 d/b/a R & R Communications ) ) ) FORFEITURE ORDER Released: March 5, 1998 By the Compliance and Information Bureau: 1. Before the Bureau is a Notice of Apparent Liability ("NAL"), issued on November 28, 1997, and the response thereto, filed by Edwin Raices on December 31, 1997, requesting that the Bureau dismiss the NAL. The NAL proposes imposition of a forfeiture in the amount of $5,000, pursuant to Section 503(b) of the Communications Act of 1934, as amended (the Act), 47 U.S.C. 503 (b), against Edwin Raices for violations of Section 301 of the Act, 47 U.S.C. 301, and Sections 15.209 and 15.239 of the Commission's Rules, 47 C.F.R. 15.209 and 15.239. For the reasons noted below, the appropriate forfeiture amount is $5,000. 2. On October 14, 1997, the Commission's Kansas City Office received a written complaint from a licensed station concerning broadcasts on 106.3 Mhz that were alleged to be unlicensed. In response to this complaint, the unauthorized transmissions on 106.3 MHz were investigated. On October 17, 1997, FCC agents identified the source of the unlicensed transmissions as emanating from 3517 Military, Detroit, Michigan. The radio station was inspected and Edwin Raices identified himself to the FCC agents as the operator and part owner of the station. 3. The NAL was issued on November 28, 1997, to Edwin Raices, Andres Rivera Regis d/b/a, R&R Communications, for unauthorized transmissions on 106.3 MHz on October 17, 1997, and on October 20, 1997. In his response to the NAL, Edwin Raices admits to the operation of the unlicensed station in the manner prescribed, however, he requests cancellation of the forfeiture for four reasons. First, he claims that his unlicensed station was not causing interference to any licensed radio station. Second, Raices states that, after a verbal warning by an FCC agent on October 20, 1997, he took steps to comply with the limits prescribed in Section 15.239(b) of the Commission's Rules, 47 C.F.R. 15.239(b). Additionally, he declares that the violation was not willful. Lastly, he claims that he acted diligently in decreasing his station's field strength and disassembling the tower upon which his antenna was installed after the verbal warning. 4. With respect to Mr. Raices' statement that he was not causing interference, we find that this statement is irrelevant. The issue before us is whether the field strength measurement of the station is excessive enough to require a license and whether Mr. Raices had a license. Thus whether interference exists has no bearing on the violation. Secondly, based on recent investigations by FCC agents, and Mr. Raices' own admissions, we know that Mr. Raices continues to operate an unlicensed station on 106.3 MHz. His operation exceeds the power levels allowed by Part 15 of the Rules. He is not, therefore, in compliance with Section 15.239(b) as he represents. Thirdly, the violation is willful. In response to his last contention, we recognize that although the original tower has indeed been disassembled, Mr. Raices continues to operate on the same frequency, and at power levels that exceed those allowed under Part 15. 5. Based on the instant violations, the Bureau issued its forfeiture penalty pursuant to Section 503 of the Act, 47 U.S.C. 503, and Section 1.80 of the rules, 47 C.F.R. 1.80 and the Commission's Policy Statement, Standards for Assessing Forfeitures, (Policy Statement), 12 FCC Rcd 17087 recon. pending (1997). In the assessment of forfeitures, Section 503(b) of the Act requires that the Commission take into account the nature, circumstances, extent and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other such matters as justice may require. 47 U.S.C. 503(b)(2)(D), 6. Unlicensed broadcasting threatens the integrity of the regulatory structure established in the Communications Act to prevent chaos on the radio airwaves. The regulatory effectiveness of the Commission to carry out its statutory obligations to license radio stations, prevent chaos, and ensure public safety, would be impaired if the agency could not take meaningful action to stop unlicensed broadcasting. In his response, Mr. Raices has offered no information concerning any mitigating factors or his inability to pay. Based upon the above factors, we find that a forfeiture in the amount of $5,000 is appropriate. 7. ACCORDINGLY, IT IS ORDERED that, pursuant to 47 U.S.C. 503(b) and Section 1.80 of the Commission's Rules, 47 C.F.R. 1.80, Edwin Raices IS LIABLE FOR A MONETARY FORFEITURE in the amount of $5,000 for willful and repeated violation of Section 301 of the Communications Act, 47 U.S.C. 301, and Sections 15.209 and 15.239 of the Commission's rules, 47 C.F.R. 15.209 and 15.239. 9. IT IS FURTHER ORDERED, pursuant to Section 1.80(f) of the Commission's Rules, 47 C.F.R. 1.80(f), that EDWIN RAICES shall, within thirty (30) days of the release of this Forfeiture Order, pay the full amount of the forfeiture. Forfeitures shall be paid by check, money order or credit card, with the appropriate documentation, made payable to the Federal Communications Commission. The remittance should be marked NAL/Acct. No.:815DT0001, and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 Petitions for Reconsideration pursuant to Section 1.106, 47 C.F.R. 1.106 of the Rules, or Applications for Review pursuant to Section 1.115, 47 C.F.R. 1.115, should be sent to: Federal Communications Commission Chief, Compliance Division Compliance and Information Bureau 1919 M Street, N.W. Washington, D.C. 20554 ATTN: Mail Stop 1500E3-MSL 10. IT IS FURTHER ORDERED that a copy of this Order shall be sent by certified mail, return receipt requested, to EDWIN RAICES at 4115 W. Vernor, Detroit, MI 48209. FEDERAL COMMUNICATIONS COMMISSION Lawrence S. Schaffner Acting Director, Legal Services Group Compliance Division Compliance and Information Bureau