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-288
                                )
Michael S. Selvanto             )       NAL/Acct. No. 
200332380017
                                )
Elizabeth, NJ                   )       FRN: 0008-1141-75


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                        Released:  February   18, 
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  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).

                         II.  BACKGROUND

     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 
          frequency.

     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 
          Elizabeth, NJ.  

     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.

                        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 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.

                                FEDERAL COMMUNICATIONS 
COMMISSION




                                Daniel W. Noel
                                District Director
                                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.
4
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.