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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Josue Alusma ) File Number EB-02-TP-260
4301 Rose Ave., # B ) NAL/Acct.No. 200232700022
Naples, Florida ) FRN No.0007495997
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 6, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Josue Alusma, willfully and repeatedly violated Section
301 of the Communications Act of 1934, as amended (``Act''),1 by
operating a radio station without Commission authorization. We
find Josue Alusma apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000).
2. On April 20, 2002, in connection with an investigation
of unlicensed FM broadcast stations in Naples, Florida, agents
from the FCC Enforcement Bureau's Tampa Field Office (``Tampa
Office'') observed FM radio broadcasts on the frequency 100.5
MHz. Commission records showed no authorization for this
operation in Naples, Florida. Using electronic direction finding
techniques, the agents positively identified the source of the
transmissions to be an antenna mounted on a tower attached to the
back of an automobile repair shop building at 3639 Bayshore Dr.,
Naples, Florida. Based on field strength measurements taken by
the agents of the station's signal, this station required a
license to operate.
3. Immediately thereafter, still on April 20, 2002, the
agents interviewed the lessee of the entire property who stated
that part of the second floor was sub-leased to another person.
In a subsequent interview, the lessee provided the identity of
the sub-lessee as Josue Alusma and Mireille Alusma of Naples,
Florida, and also identified Josue Alusma as the sub-lessee based
on a comparison with the picture on a copy of Josue Alusma's
driver's license. The agents then went to the second floor space
that was sub-leased to Mr. Alusma to attempt an inspection of the
radio station. The agents saw a man leaving the vicinity of the
subleased space whom they later identified to be Josue Alusma
based on a comparison with the picture on a copy of Josue
Alusma's driver's license. Several people were on the second
floor and one of them approached the Commission agents to answer
their questions. The agents inspected the radio station located
on the second floor in the sub-leased space and observed a radio
transmitter, an RVR Model VJ1000, an exciter, RVR Model TEX20-NV,
and other equipment associated with the station operation. The
agents hand delivered a written warning to the person assisting
with the inspection and to the lessee of the entire space warning
them of the penalties for the operation of the unlicensed radio
station and directing the operation to cease.
4. On May 14, 2002, Commission agents from the Tampa
Office drove to the Naples area to determine whether the station
on 100.5 MHz was still operating. Using electronic direction
finding techniques, the agents determined that the station was
broadcasting from an antenna mounted on a two-story commercial
building consisting of several individually-owned suites, at 4995
Tamiami Trail East, Naples, Florida. Based on field strength
measurements taken by the agents of the station's signal, this
station required a license to operate. The agents traced the
coaxial cable from the antenna down to Suite # 4995. The agents
observed a man leaving the area whom they later identified as
Josue Alusma based on a comparison with the picture on a copy of
Josue Alusma's driver's license. No one was available in Suite #
4995 at the time. The agents located and interviewed the owner
of Suite # 4995 who provided a copy of a lease identifying the
lessee of Suite # 4995 as Josue Alusma.
5. Section 301 of the Act sets forth generally that no
person shall use or operate any apparatus for the transmission of
energy of communications or signals by radio within the United
States except under and in accordance with the Act and with a
license. On April 20 and May 14, 2002, Josue Alusma operated
radio transmitting equipment on the frequency 100.5 MHz without
benefit of the required Commission authorization.
6. Based on the evidence before us, we find that on April
20 and May 14, 2002, Josue Alusma repeatedly2 and willfully3
violated Section 301 of the Act by operating radio transmission
apparatus without a license.
7. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) 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 the entire record and applying the
statutory factors listed above, this case warrants a $10,000
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,6 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,7 Josue
Alusma is hereby NOTIFIED of his APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars ($10,000) for
willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended.
9. 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, Josue Alusma SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
10. 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 must include
the FRN and NAL/Acct. No. referenced in the letterhead above.
11. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead above.
12. 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
13. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
14. IT IS
FURTHER ORDERED THAT a copy of this Notice of Apparent Liability
shall be sent by regular mail and Certified Mail Return Receipt
Requested to Josue Alusma at 4301 Rose Ave. # B, Naples, FL 34112
and an additional copy to 4995 Tamiami Trail East, Naples, FL
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
1 47 U.S.C. § 301.
2 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which
applies equally to Section 503(b) of the Act, provides that
``[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.''
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies equally 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).
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, 1.80.
8 See 47 C.F.R. § 1.1914.