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


In the Matter of                )
                                )       File No. EB-02-NY-231
                                )
Rawlins Charles                 )       NAL/Acct. No. 
200332380010
                                )
Brooklyn, NY                    )       FRN: 0007-9944-86


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    January   8, 
2003

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

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find that  Rawlins Charles  has apparently  violated 
Section 301  of the  Communications Act  of 1934  (``Act'')1,  as 
amended, by  operating an  unlicensed  radio transmitter  on  the 
frequency  96.7  MHz.   We  conclude  that  Rawlins  Charles   is 
apparently liable for a forfeiture in the amount of ten  thousand 
dollars ($10,000).

                         II.  BACKGROUND

     2.   On September 27, 2002, the FCC New York Office received 
a complaint about illegal broadcast stations operating in the New 
York City area.

     3.   On October 5, 2002,  Commission agents, using a  mobile 
direction-finding vehicle, monitored  the frequency  96.7 MHz  in 
Brooklyn, NY.  The agents  observed unauthorized radio  broadcast 
on 96.7  MHz,  and  identified the  source  of  the  unauthorized 
transmissions to 95 Linden Blvd., Brooklyn, NY 11226.  There  was 
no evidence of a Commission  authorization for this operation  in 
Brooklyn, NY.

     4.   On October 8, 2002,  Commission agents, using a  mobile 
direction-finding vehicle, monitored  the frequency  96.7 MHz  in 
Brooklyn, NY.   The  agents  again  observed  unauthorized  radio 
broadcast  on  96.7  MHz,  and  identified  the  source  of   the 
unauthorized transmissions  to  95  Linden  Blvd.,  Brooklyn,  NY 
11226.

     5.   On October 12, 2002, Commission agents, using a  mobile 
direction-finding vehicle, monitored  the frequency  96.7 MHz  in 
Brooklyn, NY.   The  agents  again  observed  unauthorized  radio 
broadcast  on  96.7  MHz,  and  identified  the  source  of   the 
unauthorized transmissions  to  95  Linden  Blvd.,  Brooklyn,  NY 
11226.  The agents observed an antenna on the roof the  building, 
and an antenna coaxial cable that ran into a window of  Apartment 
51C.  While  in  the  building, the  agents  spoke  with  Rawlins 
Charles, who  admitted to  operating the  station from  apartment 
51C, 95 Linden Blvd.  The agents then conducted an inspection  of 
the station  with  Rawlins  Charles,  and  observed  broadcasting 
equipment, including a Veronica 30-watt FM transmitter, which  he 
used for broadcasting from the apartment. 

     6.   On October 16, 2002, the New York Office sent a Warning 
Letter,  by  First  Class  and  Certified  Mail  Return   Receipt 
Requested, to  Rawlins Charles  for unlicensed  operation on  the 
frequency 96.7 MHz.

     7.   On October 28,  2002, the  New York  Office received  a 
reply from  Rawlins  Charles, stating  that  he had  operated  an 
unlicensed radio station from  his apartment because  he is a  DJ 
and he just wanted to play music. 

                        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  Rawlins 
Charles was responsible for  the operation of radio  transmission 
equipment on 96.7 MHz  on October 5, October  8, and October  12, 
2002,  without  a  Commission   authorization  in  willful2   and 
repeated3 violation  of Section  301  of the  Act.  A  review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission  authorization  to   operate  this   station  on   the 
frequency, 96.7 MHz, in Brooklyn, NY.

     10.  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

     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 
Commission's Rules7, Rawlins  Charles 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, Rawlins Charles 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. 200332380010 and FRN: 0007-9944-86. 

     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. 200332380010. 

     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.  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  and 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.

     18.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested  to  Rawlins  Charles,  95  Linden  Blvd.,  Apt.   51C, 
Brooklyn, NY 11226.


                                FEDERAL            COMMUNICATIONS 
COMMISSION



                                Daniel W. Noel
                                District Director
                                New York Office


Attachment A- FCC List of Small Entities, October 2002
_________________________

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).

747 C.F.R.  0.111, and 0.311.

8 See 47 C.F.R.  1.1914.