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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-288
Michael S. Selvanto ) NAL/Acct. No.
Elizabeth, NJ ) FRN: 0008-1141-75
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 18,
By the District Director, New York Office, Enforcement Bureau:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Michael S. Selvanto (``Selvanto'') has
apparently violated Section 301 of the Communications Act of
1934, as amended, (``Act'')1, by operating an unlicensed radio
transmitter on the frequency 91.9 MHz. We conclude that Selvanto
is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
2. On November 19, and 26, 2002, the New York Office
received complaints about an illegal broadcast station
located in Elizabeth, NJ, operating on the frequency
91.9 MHz, and causing interference to reception from an
FCC licensed radio station operating on the same
3. On November 26, 2002, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 91.9
MHz in Elizabeth, NJ. The agents observed an
unauthorized radio broadcast on 91.9 MHz, and
identified the source of the broadcast as an FM
broadcast antenna on the roof of 9 Caldwell Place,
Elizabeth, NJ 07201. Field strength measurements
indicated that the station exceeded the permissible
level for a non-licensed low power transmitter by
11,362 times. The agents conducted a station
inspection with Selvanto, the operator and owner of the
station, who acknowledged that he was operating an
unlicensed radio station. There was no evidence of a
Commission authorization for this operation in
4. On November 27, 2002, the New York Office sent a
Warning Letter, by First Class and Certified Mail
Return Receipt Requested, to Selvanto for unlicensed
operation on the frequency 91.9 MHz. The New York
Office did not receive a reply to the warning letter.
5. 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.
6. Based on the evidence before us, we find that Selvanto
operated radio transmission equipment on 91.9 MHz on
November 26, 2002, without a Commission authorization
in willful2 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, 91.9 MHz, in Elizabeth, NJ.
7. 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'')3, 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 Communications Act of 1934, as amended4, (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. 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
8. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act5 and Sections 0.111, 0.311 and 1.80
of the Commission's Rules6, Selvanto 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.
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,
Selvanto 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. 200332380017 and FRN: 0008-1141-75.
11. 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. 200332380017.
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: Chief, Revenue and Receivable Operations
Group, 445 12th Street, S.W., Washington, D.C. 20554.7
14. 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.
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail
Return Receipt Requested to Michael S. Selvanto, 9
Caldwell Place, Elizabeth NJ 07201.
Daniel W. Noel
New York Office
Attachment A - FCC Condensed 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).
347 C.F.R. § 1.80.
47 U.S.C. § 503(b)(2)(D).
547 U.S.C. § 503(b).
647 C.F.R. §§ 0.111, and 0.311.
7 See 47 C.F.R. § 1.1914.