Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C. 20554


In the Matter of

Mr. Jean R. Jonassaint             )
2469 South Orange Blossom Trail         )         NAL/Acct 
No.  X3270002
Orlando, FL 32805             )          Case No. 99TP335

                              
                              
         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

    Adopted:  January 24, 2000            Released: January  
                           24, 2000
By the Enforcement Bureau: Tampa District Office

                      I.   INTRODUCTION

1.   This is a Notice of Apparent Liability for monetary 
   forfeiture issued pursuant to 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, to Mr. Jean R. Jonassaint for willful and 
   repeated violation of Section 301 of the Act for 
   operating a broadcast station without a license issued by 
   the Federal Communications Commission (FCC).

2.    The appropriate amount of forfeiture for this 
  violation is determined to be $11,000.00.

                       II.  BACKGROUND

3.   On March 24, 1999, the FCC Tampa District Office 
   received a complaint of interference to a TV station in 
   the Orlando, Florida area reportedly being caused by an 
   unlicensed radio station operating on 92.7 MHz. 

4.   On April 7, 1999, at approximately 6:35 p.m. agents 
   from the Tampa District Office observed a station 
   transmitting on 92.7 MHz identifying as ``Radio du 
   Soleil.'' Using direction finding techniques the source 
   of the transmissions on 92.7 MHz was identified as a 
   business located at 2469 South Orange Blossom Trail, 
   Orlando, Florida.  A sign in the front of the business 
   read ``Bobby Express, Co.'' The FCC agents were unable to 
   contact the operator of the station at that time but left 
   a document warning against unlicensed operation on the 
   front door. On April 8, 1999, FCC Agents interviewed Jean 
   R. Jonassaint an employee of Bobby Express, Co.  Mr. 
   Jonassaint acknowledged that he had been operating the 
   unlicensed station at 2469 South Orange Blossom Trail and 
   that he had seen the warning documents left on the door 
   on the previous evening.

5.   On October 10, 1999, the Tampa District Office received 
   information about an unlicensed FM station operating on 
   95.9 MHz in the Orlando area.  The station was reportedly 
   operating during weekends using the French language.

6.   On November 6, 1999, at approximately 9:00 p.m., agents 
   from the Tampa District Office heard transmissions from a 
   radio station operating on 95.9 MHz using the French 
   language.  Using radio direction finding techniques the 
   agents determined that the signal was coming from Bobby 
   Express, Co., at 2469 South Orange Blossom Trail, 
   Orlando, Florida, the same location where the previous 
   transmissions on 92.7 MHz occurred.  The transmissions 
   ended shortly after the arrival of the agents.

                    III.      DISCUSSION

7.   On April 7, 1999 on 92.7 MHz and again on November 6, 
   1999 on 95.9 MHz, Mr. Jean R. Jonassaint operated an FM 
   broadcast station without a license issued by the FCC 
   from his place of business, Bobby Express, Co., 2469 
   South Orange Blossom Trail, Orlando, Florida. 

8.   Mr. Jean R. Jonassaint was in violation of Section 301 
   of the Communications Act of 1934, as amended, 47 U.S.C. 
    301, which in part states that, ``No person shall use 
   or operate any apparatus for the transmission of energy 
   or communications or signals by radio...'' ``...except 
   under and in accordance with the Act and with a license 
   in that behalf granted under the provisions of this 
   Act.''  Despite written and verbal warnings given to Mr. 
   Jonassaint in April of 1999, Mr. Jonassaint was found to 
   be operating a broadcast station without a license again 
   in November of 1999. 

9.   The violations were repeated and willful. 1

10.  Pursuant to the Forfeiture Policy Statement, 12 FCC CD 
   17087 (1997) (Forfeiture Policy), the base amount for 
   these type of violations is $11,000.00.  In assessing the 
   monetary forfeiture amount, we must also take into 
   account the statutory factors set forth in section 
   503(b)(2)(D) that include 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).  Applying 
   the Policy Statement and statutory factors to the instant 
   case, we believe that a monetary forfeiture in the amount 
   of $11,000.00 is warranted.

                    IV.  ORDERING CLAUSES

11.  Accordingly, IT IS ORDERED, pursuant to Section 503(b) 
   of the Communications Act, 47 U.S.C.  503(b), and 
   Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, 
   that Mr. Jean R. Jonassaint IS APPARENTLY LIABLE FOR 
   MONETARY FORFEITURE in the amount of $11,000 for 
   violating 47 U.S.C.  301.  The amount specified was 
   determined after consideration of the factors set forth 
   in Section 503(b)(2)(D) of the Act, 47 U.S.C.  
   503(b)(2)(D) and the guidelines enumerated in the 
   Forfeiture Policy Statement.

12.  IT IS FURTHER ORDERED, pursuant to Sections 1.80(f)(3) 
   and (h) of the Commission's Rules, 47 C.F.R.  
   1.80(f)(3) and (h), that Mr. Jean R. Jonassaint, within 
   thirty (30) days of the date of release of this Notice, 
   must pay the monetary forfeiture amount of  $11,000 or 
   file a written response showing why the forfeiture should 
   be reduced or not imposed.  Any written response must 
   include a detailed factual statement and supporting 
   documentation.2  Forfeitures shall be paid by check, 
   money order, or credit card, with the appropriate 
   documentation, made payable to the Federal Communications 
   Commission.3  The remittance should be marked NAL/Acct 
   No: X3270002 and mailed to the following address:



               Federal Communications Commission
                       P.O. Box 73482
                   Chicago, IL 60673-7482

   Send or mail any written responses regarding the reasons 
   why the forfeiture should be reduced or not imposed to:
                   Office of the Secretary
              Federal Communications Commission
                     445 12th Street, SW
                   Washington, D.C. 20554
                  ATTN: Enforcement Bureau
                    Mail Stop 1500E3-DLH
                   NAL/Acct. No. X3270002

   Any written response should focus on the mitigating 
   factors outlined in the Policy Statement and Section 503 
   of the Act.
13.  IT IS FURTHER ORDERED THAT this Notice shall be sent, 
   by certified mail, return receipt requested, to Mr. Jean 
   R. Jonassaint, 2469 South Orange Blossom Trail, Orlando, 
   FL 32805.



                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         District Director
                         Tampa District Office


_________________________

1 Section 312(f)(1), which also applies to Section 503(b), 
provides: [the term ``willful,'' when used with reference to 
the commission or omission of any act, means the conscious 
and deliberate commission or omission of such act, 
irrespective of any intent to violate any provision of this 
Act or any rule or regulation of the Commission authorized 
by this Act or by treaty ratified by the United States.  See 
Southern California Broadcasting Co., 6 FCC Red 4387(1991).
2 Claims of inability to pay should be supported by tax 
returns or other financial statements prepared under 
generally accepted accounting procedures for the most recent 
three-year period.
3 Requests for payment under installment plans should be 
mailed to: Chief, Billings and Collections, Mail Stop 1A820, 
445 12th Street, SW, Washington, D.C. 20554.  Payment of the 
forfeiture in installments may be considered as a separate 
matter in accordance with Section 1.1914 of the Commission's 
Rules.  Contact Chief, Billings and Collections at (202) 
418-1995 for more information on payments by credit card.