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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                )       
                                )       
Dr. John G. Pierre              )       File No. EB-00-NY-003
2247 Church Avenue              )       
Brooklyn, New York              )       NAL/Acct.  No.  20013238-

0001
                                )



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                             Released: November 
15, 2000

By the District Director, New York Office, Enforcement Bureau:


                        I.  Introduction


     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that  Dr. John G.  Pierre, (``Dr. Pierre'')  has 
apparently violated Section 301 of the Communications Act of 1934 
(``Act'')1,  as  amended,  by   operating  an  unlicensed   radio 
transmitter on  frequencies  of 91.3 and  102.9 MHz. We  conclude 
that Dr.  Pierre is  apparently liable  for a  forfeiture in  the 
amount of eleven thousand dollars ($11,000).


                         II.  Background


     2.   On November 5, 1998,  in connection with complaints  of 
unauthorized radio broadcast  in Brooklyn,  New York,  Commission 
agents using a mobile direction finding vehicle (``MDF'') located 
the source  of radio  transmissions on  91.3 MHz  to 2247  Church 
Avenue,  Brooklyn,  New  York  (  ``2247  Church  Avenue'').   On 
November 17, 1998,  Commission agents interviewed  Dr. Pierre  at 
his  business  address,  2247   Church  Avenue,  concerning   the 
unlicensed  operation.   On  November  18,  1998,  the  New  York 
District Office sent a Warning Letter, for unlicensed  operation, 
by First Class and Certified Mail Return Receipt Requested to Dr. 
Pierre. 

     3.   On March 2,  1999, Commission  agents hand-delivered  a 

Warning Letter to Dr. Pierre at 2247 Church Avenue, for continued 

unlicensed operation  on 91.3  MHz.  On  December 29,  1999,  and 

February 24,  2000,  a  Commission  agent  using  a  MDF  vehicle 

monitored the frequency 91.3 MHz  in Brooklyn, NY, in  connection 

with complaints of unlicensed  radio broadcasts in Brooklyn,  New 

York. The agent traced  radio transmissions on  91.3 MHz to  2247 

Church Avenue.
 
     4.   On June  20, 2000,  Commission  agents assisted  U.  S. 

Marshals during  an  execution  of  a  warrant  to  seize  radio-

transmitting equipment at 2247 Church Avenue, Brooklyn, New York. 

Dr. Pierre was present during the execution of the warrant. 

     5.   On June  28,  2000,  a Commission  agent  using  a  MDF 

vehicle located the source  of transmissions on  91.3 MHz to  the 

First Grace  Community Church,  located  at 3813  Church  Avenue, 

Brooklyn, New York. A  sign outside shows John  G. Pierre as  the 

pastor. On July  12, 2000, the  New York District  Office sent  a 

Warning letter by First Class  and Certified Mail Return  Receipt 

Requested, to the church, concerning the unlicensed operation  on 

91.3 MHz.

     6.   On August  22, 2000,  a Commission  agent using  a  MDF 

vehicle located the source  of transmissions on  102.9 MHz to  55 

Linden Boulevard, Brooklyn, New York (``55 Linden''). A follow-up 

investigation by  Commission agents  found  that Dr.  Pierre  had 

rented a  room in  an apartment  at 55  Linden, where  the  radio 

equipment was installed.

     7.   On  September  6,  2000,  and  September  7,  2000,   a 

Commission agent  using  a  MDF vehicle  located  the  source  of 

transmissions on 102.9 MHz to  2247 Church Avenue, Brooklyn,  New 

York, Dr. Pierre's business address.

     8.   On  September  14,  2000,   September  16,  2000,   and 

September 17,  2000,  a  Commission agent  using  a  MDF  vehicle 

located the source of transmissions on 102.9 MHz to 451  Kingston 

Avenue, Brooklyn,  New York.    The station's  programs  included 

advertisement and promotion of  Dr. Pierre's business located  at 

2247 Church Avenue, Brooklyn, New York.

 
                        III.  Discussion


     9.   Dr. Pierre  has  violated Section  301  of the  Act  by 

operating an FM broadcast station on a frequency of 91.3 MHz,  on 

December 29, 1999, February 24, 2000,  and June 28, 2000; and  on 

102.9 MHz, on August  22, 2000, September  6, 2000, September  7, 

2000, September 14, 2000, September  16, 2000, and September  17, 

2000, without  a license  or other  authorization issued  by  the 

Commission.

     10.  Based on  the  evidence before  us,  we find  that  Dr. 

Pierre willfully2 and repeatedly3  violated Section 90.403(e)  of 

the Rules.   The  Commission's Forfeiture  Policy  Statement  and 

Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 

Forfeiture Guidelines,  12 FCC  Rcd 17087,  17113 (1997),  recon. 

denied, 15  FCC Rcd  303(1999) (``Policy  Statement''), sets  the 

base amount for operation of an unlicensed transmitter at  eleven 

thousand dollars ($11,000).  In assessing the monetary forfeiture 

amount, we must also take into account the statutory factors  set 

forth in  Section  503(b)(2)(D) of  the  Act4, 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.   Applying  the  Policy  Statement  and 

statutory factors to the instant case, we believe that a monetary 

forfeiture of eleven thousand dollars ($11,000) is warranted  for 

the violation. 


                      IV.  ORDERING CLAUSES


     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 

Rules6, Dr. Pierre is hereby  NOTIFIED of his APPARENT  LIABILITY 

FOR A  FORFEITURE  in  the  amount  of  eleven  thousand  dollars 

($11,000) for willfully and  repeatedly violating Section 301  of 

the Act.

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 

the Commission's Rules, within thirty days of the release date of 

this NOTICE OF APPARENT LIABILITY, Dr. Pierre SHALL PAY the  full 

amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 

statement seeking  reduction  or  cancellation  of  the  proposed 

forfeiture.

     13.  Payment of  the forfeiture  may be  made by  mailing  a 

check or similar instrument, payable to the order of the  Federal 

Communications Commission, to the Forfeiture Collection  Section, 

Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 

73482, Chicago, Illinois 60673-7482.  The payment should note the 

NAL/Acct. No. 20013238-0001.

     14.  The  response,  if  any,  must  be  mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 20013238-0001.

     15.  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-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.

     16.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief, Credit  and Debt Management  Center, 445 12th  Street, 

S.W., Washington, D.C. 20554.7

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 

Requested to Dr.  John G. Pierre,  2247 Church Avenue,  Brooklyn, 

New York 11226.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                Alexander Zimny
                                District Director
                                New York Office
                                

_________________________

1 47 U.S.C.  301.
2 Section 312(f)(1), which also applies to Section 503(b), 
provides: [t]he 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 provisions of the Act or any rule or 
regulation of the Commission authorized by this Act or by a 
treaty ratified by the United States.  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).

3 Section 312(f)(2), which also applies to Section 503(b), 
provides: [t]he term ``repeated'', when used with reference to 
the commission or omission of any act,  means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.

4 47 U.S.C.  503(b)(2)(D).

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80.

7 See 47 C.F.R.  1.1914.