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


In the Matter of                   )      File Number EB-03-TP-092
                                                             )
Alexandre Pierre Abelard           )   NAL/Acct. No.200332700025
AKA Abelard Pierre                 )
7961 Gladiolus Dr., Apt. 304       )        FRN 0008948150
Fort Myers, Florida 33908

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                          Released: May 20, 
                            2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  Alexandre Pierre Abelard, aka 
Abelard  Pierre, apparently  liable  for  forfeiture in  the 
amount of  seventeen thousand dollars ($17,000)  for willful 
violation of  Sections 301 and 303(n)  of the Communications 
Act of  1934, as amended (``Act'').1   Specifically, we find 
Alexandre  Pierre  Abelard,  aka Abelard  Pierre  apparently 
liable for the  operation of an FM broadcast  station on the 
frequency 103.3 MHz without Commission authorization and for 
failure  to  allow  inspection  of  the  radio  installation 
located on Abelard's premises.

                          II. BACKGROUND

     2.   On  March 3,  2003, the  FCC Enforcement  Bureau's 
Tampa Field  Office (``Tampa Office'') received  a complaint 
from the Federal  Aviation Administration (``FAA'') alleging 
that an unlicensed  radio station operating on  103.3 MHz in 
Fort  Myers, Florida  was causing  interference to  aircraft 
communications in that area on the frequency 119.00 MHz.

     3.   On  March 4,  2003, agents  from the  Tampa Office 
investigated  the  FAA's  complaint  and,  using  direction-
finding  techniques,  determined   that  a  radio  broadcast 
station on frequency 103.3 MHz  was transmitting from a one-
story strip business building located at 2217 Fowler Street, 
Fort  Myers,  Florida.   An FM  broadcast-type  antenna  was 
mounted  on  a  metal  pipe  attached to  the  side  of  the 
building. The  coaxial cable from the  antenna entered suite 
number  2217  of  the  building.  Based  on  field  strength 
measurements taken by the agents  of the station's signal, a 
Commission  authorization   was  required  to   operate  the 
station.2   Additionally,  the  agents observed  a  spurious 
radio  emission   on  the  aviation  frequency   119.00  MHz 
emanating from the same location. This spurious emission was 
at the  same signal strength  level as the main  emission on 
103.3  MHz.  Immediately  thereafter, the  agents approached 
the building and knocked on the  door of Suite 2217.  No one 
responded  to the  door and  no  lights were  on inside  the 
suite. Several  minutes later,  an adult  male drove  up and 
parked  directly   in  front  of  Suite   2217.  The  agents 
approached this man and  identified themselves as Commission 
representatives   by   showing   the  man   their   official 
credentials.  The agents interviewed this man, identified by 
his  driver's license  as Alexandre  Pierre Abelard  of 7961 
Gladiolus Dr., Apt. 304 (Lakes Park Apartments), Fort Myers, 
FL 33908.  Mr.  Abelard rents an apartment  at that location 
under the name  of Abelard Pierre.  Mr.  Abelard stated that 
he  was the  lessee  of  Suite 2217.   The  agents told  Mr. 
Abelard about  the interference problem and  station license 
requirement.  The agents requested of Mr. Abelard to inspect 
the  radio station  inside the  suite.   Mr.  Abelard stated 
that he  was not the  operator of  the station, that  he was 
sub-leasing a back  room of the suite  to another individual 
and did  not have  the key  for the back  room, but  that he 
would turn  the power off  to the  back area from  his front 
office.   The  agents   explained  the   Commission's  legal 
authority to  inspect radio installations and  explained the 
need  to  inspect the  station  inside  Mr. Abelard's  suite 
because  the  station  operated illegally  and  was  causing 
harmful interference to aviation communications.  The agents 
again requested to see  the room containing the transmitter.  
Mr. Abelard again declined the agents' request.  Mr. Abelard 
then entered  the suite  and, shortly thereafter,  the radio 
station ceased to transmit.
  
     4.   On  March 5,  2003,  the agents  returned to  2217 
Fowler Street, Ft. Myers, Florida, and again interviewed Mr. 
Abelard. Mr.  Abelard stated  that the transmitter  had been 
picked  up by  its purported  owner earlier  that day.   The 
station's antenna was lying on the ground on the side of the 
building.  Mr.  Abelard showed the  agents into the  back of 
the  office where  the transmitter  purportedly used  to be.  
The agents found  that this back room had  no lock, required 
no  key  to  enter,  and  was  freely  accessible  from  Mr. 
Abelard's   suite,  in   contradiction   to  Mr.   Abelard's 
statements the previous day.  Mr. Abelard stated that he was 
the original owner  of the transmitter but that  he had sold 
it to, and  received partial payment from,  an individual he 
knew only as ``Jean Louis.''   When requested by the agents, 
Mr. Abelard  could not show  evidence of the  transaction or 
any evidence that ``Jean Louis'' actually existed.

                      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  March 4,  2003, Alexandre 
Pierre   Abelard   aka   Abelard   Pierre   operated   radio 
transmitting equipment  on the  frequency 103.3  MHz without 
the  required Commission  authorization.  Section  303(n) of 
the Act sets forth that  the Commission has the authority to 
inspect  all radio  installations  associated with  stations 
required to be licensed.  On March 4, 2003, Alexandre Pierre 
Abelard aka  Abelard Pierre  failed to  allow agents  of the 
Commission  to  inspect the  radio  station  located on  his 
premises after repeated requests to do so.  

     6.   Based on the  evidence before us, we  find that on 
March 4,  2003, Alexandre Pierre Abelard  aka Abelard Pierre 
willfully3 violated  Sections 301 and  303(n) of the  Act by 
operating radio transmission apparatus without a license and 
by failing to allow an  inspection of his radio installation 
upon request by authorized Commission representatives.

     7.   Pursuant to Section 1.80(b) (4) of the Rules,4 the 
base forfeiture amount for operating a radio station without 
a Commission  authorization is  $10,000, and for  failure to 
permit  inspection  is  $7,000. 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 
Act, 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.5  Considering  the entire  record and  applying the 
factors  listed   above,  this   case  warrants   a  $17,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,6  and Sections 0.111,  0.311 and 
1.80 of  the Rules,7   Alexandre Pierre Abelard  aka Abelard 
Pierre is hereby  NOTIFIED of this APPARENT  LIABILITY FOR A 
FORFEITURE  in  the  amount of  seventeen  thousand  dollars 
($17,000) for  willful violation of Sections  301 and 303(n) 
of the Act  by operating a radio  station without Commission 
authorization and for failing to  allow an inspection of his 
radio installation by authorized Commission representatives.

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Alexandre Pierre  Abelard aka Abelard Pierre 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 should note the NAL/Acct. No. and FRN referenced 
above.  Requests for payment of  the full amount of this NAL 
under an installment plan should  be sent to: Chief, Revenue 
and  Receivables Operations  Group, 445  12th Street,  S.W., 
Washington, D.C. 20554.8

     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. referenced 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.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     14.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Alexandre  Pierre Abelard  aka Abelard 
Pierre, 7961 Gladiolus Dr., Apt. 304, Fort Myers, FL 33908. 
                         FEDERAL COMMUNICATIONS COMMISSION


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


Attachment
_________________________

1 47 U.S.C.  301 and 303(n).

2 Section 15.239(b) of the Commission's Rules, 47 C.F.R.  
15.239(b), provides that non-licensed broadcasting in the 
88-108 MHz band is permitted only if the field strength of 
the transmissions does not exceed 250 V/m at three meters.  
Measurements showed that the field strength of the station's 
signal exceeded the permissible level for a non-licensed 
low-power radio transmitter by 2,367 times.

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.