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                           Before the
                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:

                        I.  INTRODUCTION

     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).

                         II.  BACKGROUND

     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.  

                        III.  DISCUSSION

     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 
forfeiture.

                      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 
forfeiture.

     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 
submitted.  

     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, 
D.C. 20554.8 











     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 
34113. 



                               FEDERAL COMMUNICATIONS COMMISSION
                                                  

                                                       

                               Ralph M. Barlow
                               District Director, Tampa Office
                               Enforcement Bureau
_________________________

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.