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                )
                                )       File No. EB-01-NY-493
                                )
Rev. Dr. Philius Nicholas       )       NAL/Acct. No. 
200232380001
Brooklyn, NY                    )
                                )       FRN # 0006XXXX-0775XXXX-

23XX


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  January  10XX, 
2002

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


                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"),  we  find   that  Rev.  Dr.   Philius  Nicholas   (``Dr. 
Nicholas'')  has   apparently  violated   Section  301   of   the 
Communications Act of 1934  (``Act''),1 as amended, by  operating 
an unlicensed  radio  transmitter  on  frequency  88.1  MHz.   We 
conclude that Rev. Dr. Philius Nicholas is apparently liable  for 
forfeiture in the amount of ten thousand dollars ($10,000).


                         II.  BACKGROUND

     2.   On  September   12,  2000,   in  connection   with   an 
investigation  of  the  operation  of  unlicensed  FM   broadcast 
stations  in  Brooklyn,  New  York,  Commission  agents  observed 
unauthorized radio broadcast on 88.1 MHz.  There was no  evidence 
of a Commission authorization for this operation in Brooklyn, NY. 

     3.   Commission  agents  made   a  positive   identification 
ofpositively  identified   the   source   of   the   unauthorized 
transmissions to  the Lighthouse  Baptist Church,  1488 New  York 
Avenue, Brooklyn, NY, 11210.  The agents requested and were given 
permission to inspect  the radio  station by  Dr. Nicholas.   The 
agents observed the  radio transmitter, a  NiCom FM Exciter,  and 
other  equipment  that  werewas   associated  with  the   station 
operation, and handed delivered a Warning Letter to Dr.  Nicholas 
a Warning Letter for the operation of the unlicensed station. 
  
     4.    On  September 13,  2000, the  New York  Office sent  a 

Warning Letter,  for unlicensed  operation,  by First  Class  and 

Certified Mail Return Receipt Requested to Dr. Nicholas. 

     5.   On November 16, 2001, Commission agents observed  radio 

broadcast on 88.1 MHz, and made a positive identification of  the 

source of the  unauthorized transmissions  to Lighthouse  Baptist 

Church, 1488 New York Avenue, Brooklyn, NY, 11210.

     6.   On November 17, 2001, Commission agents observed  radio 

broadcast  on  88.1  MHz,  and  made  a  positive  identification 

ofpositively  identified   the   source   of   the   unauthorized 

transmissions to  the Lighthouse  Baptist Church,  1488 New  York 

Avenue, Brooklyn, NY, 11210.

     7.   The agents  requested  and  were  given  permission  to 

inspect the radio station by  Jean Gilles, the operator on  duty.  

The agents observed  the radio transmitter,  a NiCom FM  Exciter, 

and other equipment  that were  was associated  with the  station 

operation.  In response  to questions by  the agents, Mr.  Gilles 

told the  agents  that  he  was  operating  the  station  at  the 

direction of on behalf of Dr. Nicholas.


                        III.  DISCUSSION

     8.   Section 301 of  the Act  sets forth  generally that  no 

person shall use or operate any apparatus for the transmission of 

energy or communications  or signals by  radio within the  United 

States except under  and in accordance  with the Act  and with  a 

license granted under the provisions of the Act. 

     9.   Based on  the  evidence  before us,  we  find  that  on 

September 12, 2000,  November 16,  2001, and  November 17,  2001, 

Rev. Dr. Philius  Nicholas was responsible  for the operation  of 

radio transmission equipment  on 88.1 MHz,  without a  Commission 

authorization in willful2  and repeatedly3  violation of  Section 

301 of the Act.

     10.   Pursuant  to Section  1.80(b)(4) of  the  Commission's 
Rules, the base forfeiture amount for the violation cited in this 
notice is $10,000.4  Section 503(b)(2)(D) of the Act requires  us 
to 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.''5  
Considering After considering the entire record and applying  the 
statutory factors listed above, this case warrantswe find that  a 
$10,000 forfeiture in the amount of $10,000 is appropriate. 


                      IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act6 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules7, Rev.  Dr.  Philius Nicholas  is  hereby NOTIFIED  of  his 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willfully 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, Rev. Dr. Philius  Nicholas 
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. 200232380001 and FRN # 0006XXXX-0775XXXX-23XX. 

     14.   Any response  to this  NAL 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. 200232380001. 

     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,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.8  

     17.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Rev.  Dr. Philius  Nicholas, 1488  New York  Avenue, 
Brooklyn, NY 11210.

                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                Alexander Zimny
                                District Director
                                New York Office
_________________________

1 47 U.S.C.  301.

2 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to Section 503(b) of the Act, provides that ``[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 
provision of this Act ....''  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 C.F.R.  1.80(b)(4)
5
 47 U.S.C.  503 (b)(2)(D)
6
47 U.S.C.  503(b). 

7 47 C.F.R.  0.111, 0.311 and 1.80.

8 See 47 C.F.R.  1.1914.