Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )
                                )       File No. EB-02-NY-279
                                )
Emmanuel Frederic               )       NAL/Acct. No. 
200332380012
Brooklyn, NY                    )       
                                )       FRN:  0007-9945-02
 

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:    January  23, 
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  Emmanuel Frederic has apparently  violated 
Section 301  of the  Communications Act  of 1934  (``Act''),1  as 
amended,  by  operating  an   unlicensed  radio  transmitter   on 
frequencies of  89.7 and  87.9 MHz.   We conclude  that  Emmanuel 
Frederic is apparently liable for  a forfeiture in the amount  of 
ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On November 1, 2002, Commission agents investigated the 
operation of unlicensed  FM broadcast stations  in Brooklyn,  NY.  
Using a  mobile direction-finding  vehicle, the  agents  observed 
unauthorized  radio  broadcast  on   89.7  MHz,  and   positively 
identified the source of  the unauthorized transmissions to  1024 
Montgomery Street, Brooklyn, NY, 11213.  There was no evidence of 
a Commission authorization for this operation in Brooklyn, NY. 

     3.   On November  2, 2002,  a Commission  agent returned  to 
1024 Montgomery  Street, Brooklyn,  NY, and  observed a  vertical 
antenna on the roof of the  building, from which a coaxial  cable 
ran into Apartment 3K of the building.  The agent then  conducted 
a station inspection and  determined that Emmanuel Frederic,  who 
lives in Apartment 3K  of the building, was  the operator of  the 
unlicensed station.  Beginning in October 2000 to November  2001, 
Commission agents,  on many  occasions, had  positively  observed 
unauthorized radio  broadcast  of  Emmanuel  Frederic  from  1024 
Montgomery  Street,  Apartment  3K,   Brooklyn,  NY,  and   other 
locations in Brooklyn, NY. 

     4.   On November 4, 2002, Emmanuel Frederic, in a  telephone 
conversation with a Commission agent, acknowledged the  operation 
of an unlicensed radio station located at 1024 Montgomery Street, 
Apartment 3K, Brooklyn, NY.  

     5.   On December 6,  2002, a  Commission agent  investigated 
the operation of  unlicensed FM broadcast  stations in  Brooklyn, 
NY.  Using a mobile direction finding vehicle, the agent observed 
unauthorized  radio  broadcast  on   87.9  MHz,  and   positively 
identified the source of  the unauthorized transmissions to  1024 
Montgomery Street, Brooklyn, NY, 11213.  There was no evidence of 
a Commission authorization for this operation in Brooklyn, NY. 

                        III.  DISCUSSION

     6.   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.   A review  of 
Commission's records  showed  that there  was  no evidence  of  a 
Commission authorization to operate this station on 89.7 or  87.9 
MHz in Brooklyn, NY.     

     7.   Based on the evidence before us, we find that, Emmanuel 
Frederic was responsible for the operation of radio  transmitting 
equipment on 89.7  MHz on November  1, 2002, and  on 87.9 MHz  on 
December 6, 2002, in willful2 and repeated3 violation of  Section 
301 of the Act.

     8.   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

     9.   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,  Emmanuel  Frederic is  hereby  NOTIFIED  of 
their APPARENT LIABILITY FOR  A FORFEITURE in  the amount of  ten 
thousand dollars ($10,000) for willfully violating Section 301 of 
the Act.

     10.  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, Emmanuel  Frederic SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     11.  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. 200332380012 and FRN: 0007-9945-02. 

     12.  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. 200332380012. 

     13.  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.  

     14.  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

     15.  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.

     16.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Emmanuel Frederic, 1024 Montgomery Street, Apartment 
3K, Brooklyn, NY 11213.

                                FEDERAL            COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                New York Office










Attachment A:  Condensed List of Small Entities
_________________________

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.