******************************************************** 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 ) NAL Acct. No. 815DT0001 Andres Rivera Regis ) d/b/a/ R&R Communications ) Detroit, Michigan ) MEMORANDUM OPINION AND ORDER Adopted: December 15, 1998 Released: December 22, 1998 By the Compliance and Information Bureau: I. INTRODUCTION 1. Before the Compliance and Information Bureau ("the Bureau") is the March 28, 1998 request filed by Edwin Raices ("Mr. Raices" or "Petitioner") to appeal the Bureau's March 5, 1998 Forfeiture Order. See Edwin Raices, Andres Rivera Regis d/b/a R&R Communications, 13 FCC Rcd 4656 (1998). Petitioner's submission, although entitled "Appeal to Forfeiture Order," will be considered as a petition for reconsideration under Section 1.106 of the Commission's Rules ("the Rules"), 47 C.F.R.  1.106. Petitioner seeks review of a Forfeiture Order of $5,000 issued by the Bureau, in accordance with Section 503 (b) of the Communications Act of 1934, as amended ("the Act"), 47 U.S.C.  503(b) and Section 1.80 of the Rules, 47 C.F.R.  1.80. The forfeiture was issued for willful and repeated violations of Section 301 of the Act, 47 U.S.C.  301, and Sections 15.209 and 15.239 of the Rules, 47 C.F.R.  15.209 and 15.239. 2. For the reasons outlined below, we will deny Petitioner's petition for reconsideration and affirm the forfeiture amount of $5,000. II. BACKGROUND 3. On October 14, 1997, the Commission's Detroit Field Office received a written complaint from a licensed station concerning broadcasts on frequency 106.3 MHz that were alleged to be unlicensed. In response to this complaint, agents from the Detroit Field Office investigated the unauthorized transmissions on 106.3 MHz. 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 Mr. Raices identified himself to the FCC agents as the operator and part owner of the station. Commission records do not reveal a license issued to Mr. Raices or R&R Communications for the operation of a broadcast station on 106.3 MHz from that location. 4. The Detroit Field Office issued a Notice of Apparent Liability ("NAL") of $5,000 on November 28, 1997, to Edwin Raices and Andres Rivera Regis d/b/a, R&R Communications, for unauthorized transmissions on 106.3 MHz in violation of Section 301 of the Act. The violations took place on October 17, 1997, and on October 20, 1997. In his response to the NAL, Mr. Raices admitted to the operation of the unlicensed station. He requested cancellation of the forfeiture, however, based on four claims. Mr. Raices contended that the violation was not willful and that his unlicensed station was not causing interference to any licensed radio station. He also contended 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 Rules, 47 C.F.R.  15.239(b), and that he acted diligently in decreasing his station's field strength and disassembling the tower upon which his antenna was installed. 5. A Forfeiture Order was issued on March 5, 1998, which fully considered and discussed each of Petitioner's arguments. The Forfeiture Order affirmed the forfeiture amount at $5,000. III. DISCUSSION 6. Based on the instant violations, the Bureau issued its forfeiture penalty pursuant to Section 503 (b) of the Act, and Section 1.80 of the Rules, 47 C.F.R.  1.80 and the Commission's Policy Statement, Standards for Assessing Forfeitures, 12 FCC Rcd 17087, recon. pending (1997). In the assessment of the forfeiture, 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). 7. In his petition for reconsideration, Mr. Raices has offered no new facts or changed circumstances pertaining to the instant violations which have not previously been presented. Moreover, he continues to admit to operating the station without a license on the dates of the cited violations. The Forfeiture Order, issued by the Bureau, addressed all of his contentions thoroughly. Mr. Raices has therefore, failed to meet the requirements for grant of reconsideration. See 47 C.F.R.  1.106(c). Unlicensed broadcasting threatens the integrity of the regulatory structure established in the Communications Act to prevent chaos to 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. Accordingly, we will affirm the Forfeiture Order. Based on a review of the record before us and the factors outlined in Section 503 of the Act, we find that a forfeiture in the amount of $5,000 is appropriate. 47 U.S.C.  503(b). IV. ORDERING CLAUSES 8. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 1.106 of the Rules, 47 C.F.R.  1.106, the Petition for Reconsideration of Edwin Raices IS DENIED. 9. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act, 47 U.S.C.  503(b), and Section 1.80 of the Rules, 47 C.F.R.  1.80, Edwin Raices IS LIABLE FOR A MONETARY FORFEITURE in the amount of five thousand dollars ($5,000) for violating Section 301 of the Act, 47 U.S.C.  301, and Sections 15.209 and 15.239 of the Rules, 47 C.F.R.  15.209, 15.239. The amount specified was determined after consideration of all the factors set forth in Section 503(b) of the Act. 10. IT IS FURTHER ORDERED that, pursuant to Section 1.80(f)(3) of the Rules, 47 C.F.R.  1.80(f)(3), Edwin Raices shall, within thirty (30) days of the release of this Order, pay the full amount of the forfeiture. Forfeitures shall be paid by check, money order, or credit card drawn on a U.S. financial institution, 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 Forfeiture penalties not paid within 30 days will be referred to the U.S. Attorney for recovery in a civil suit, 47 U.S.C.  504(a). 11. IT IS FURTHER ORDERED that a copy of this Order shall be sent to Edwin Raices by certified mail, return receipt requested. FEDERAL COMMUNICATIONS COMMISSION Richard D. Lee Chief, Compliance and Information Bureau