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


In the Matter of                )
                                )       File No. EB-01-NY-490
                                )
Rev. Yvon Louis                 )       NAL/Acct. No. 
200232380002
Brooklyn, NY                    )
                                )       FRN: 0006-2631-72


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  July 23, 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.  Yvon  Louis  (``Rev.  Louis'')  has 
apparently violated Section 301 of the Communications Act of 1934 
(``Act''),1  as  amended,  by   operating  an  unlicensed   radio 
transmitter on frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz.   We 
conclude that Rev. Yvon Louis is apparently liable for forfeiture 
in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On  November   16,   2001,  in   connection   with   an 
investigation  of  the  operation  of  unlicensed  FM   broadcast 
stations  in  Brooklyn,  New  York,  Commission  agents  observed 
unauthorized  radio  broadcast  on   93.7  MHz,  and   positively 
identified the source  of the unauthorized  transmissions to  the 
Calvary Tabernacle,  Inc., 1653  Nostrand Avenue,  Brooklyn,  NY, 
11226.  There was no evidence  of a Commission authorization  for 
this operation in Brooklyn, NY. 

     3.   On November 17, 2001, Commission agents again  observed 
unauthorized  radio  broadcast  on   93.7  MHz,  and   positively 
identified the source  of the unauthorized  transmissions to  the 
Calvary Tabernacle,  Inc., 1653  Nostrand Avenue,  Brooklyn,  NY, 
11226.  The agents  requested and were  given permission by  Rev. 
Louis to inspect the radio station's studio equipment. The agents 
hand-delivered a Warning Letter to  Rev. Louis for the  operation 
of the unlicensed station. 

     4.    On  November 23,  2001,  the New  York Office  sent  a 
Warning Letter,  for unlicensed  operation,  by First  Class  and 
Certified Mail Return Receipt Requested, to Rev. Louis.

     5.    On December 5,  2001, the New  York Office received  a 
letter from  Rev.  Louis in  which  Rev. Louis  acknowledged  and 
confirmed the  operation  of a  radio  station at  1653  Nostrand 
Avenue, Brooklyn, NY, 11226.

     6.   On December 14, 2001, Commission agents observed  radio 
broadcast on 88.1  MHz, and positively  identified the source  of 
the unauthorized transmissions to  the Calvary Tabernacle,  Inc., 
1653 Nostrand Avenue, Brooklyn, NY, 11226.  There was no evidence 
of a Commission authorization for this operation in Brooklyn, NY.

     7.   On December 17, 2001, Commissions agents requested  and 
were given permission to inspect the radio station by Rev. Louis.  
In response  to questions  by  the agents,  Rev. Louis  told  the 
agents that he operated  the station on  weekends, first on  93.7 
MHz, and later on 88.1 MHz.  The agents noted that Rev. Louis had 
a copy of  the Warning  Letter dated  November 23,  2001, in  his 
possession.

     8.   On  January  4,  January  5,  and  January  11,   2002, 
Commission agents again observed radio broadcast on 88.1 MHz, and 
positively   identified   the   source   of   the    unauthorized 
transmissions to  the  Calvary Tabernacle,  Inc.,  1653  Nostrand 
Avenue, Brooklyn, NY, 11226.

     9.   On January 18, 2002,  Commission agents again  observed 
radio broadcast on 88.1 MHz, and positively identified the source 
of the  unauthorized  transmissions to  the  Calvary  Tabernacle, 
Inc., 1653  Nostrand Avenue,  Brooklyn,  NY, 11226.   The  agents 
conducted a station inspection and determined that Rev. Louis was 
the person operating the radio station.

     10.  On January 27, 2002, a Commission agent observed  radio 
broadcast on 90.1  MHz, and positively  identified the source  of 
the unauthorized transmissions to  the Calvary Tabernacle,  Inc., 
1653 Nostrand Avenue, Brooklyn, NY, 11226.  There was no evidence 
of a Commission authorization for this operation in Brooklyn, NY.

     11.  On June  22,  2002, Commission  agents  again  observed 
radio broadcast on 88.1 MHz, and positively identified the source 
of the  unauthorized  transmissions to  the  Calvary  Tabernacle, 
Inc., 1653  Nostrand Avenue,  Brooklyn,  NY, 11226.   The  agents 
conducted a station inspection and determined that Rev. Louis was 
the person responsible for the station operation.

                        III.  DISCUSSION

     12.  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. 

     13.  Based on  the evidence  before us,  we find  that  Rev. 
Louis was  responsible for  the operation  of radio  transmission 
equipment on: 93.7  MHz on  November 16, and  November 17,  2001; 
88.1 MHz on December 14, 2001, January 4, January 5, January  11, 
and January 18, 2002; 90.1 MHz on January 27, 2002, and 88.1  MHz 
on June 22, 2002, without a Commission authorization in  willful2 
and repeated3 violation of Section 301 of the Act.
     14.  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) (``Forfeiture Policy  Statement'')4, 
sets  the  base  forfeiture  amount  for  operation  without   an 
instrument  of  authorization  at  $10,000.   In  assessing   the 
monetary  forfeiture  amount,  we  must  take  into  account  the 
statutory factors set forth in Section 503(b)(2)(D) of the  Act,5 
which 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 
Forfeiture Policy  Statement and  the  statutory factors  to  the 
instant case and applying  the inflation adjustments, we  believe 
that a  ten  thousand  dollar ($10,000)  monetary  forfeiture  is 
warranted.

                      IV.  ORDERING CLAUSES

     15.  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.  Yvon  Louis  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. 

     16.  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. Yvon Louis SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     17.  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. 200232380002 and FRN: 0006-2631-72. 

     18.  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. 200232380002. 

     19.  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.  

     20.  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  

     21.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn,  NY 
11226.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                Acting 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.

447 C.F.R.  1.80.

5 47 U.S.C.  503(b)(2)(D).

647 U.S.C.  503(b). 

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

8 See 47 C.F.R.  1.1914.