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


In the Matter of                   )      File Number EB-03-TP-441
                                                             )
Rony Richard Louis                 )     NAL/Acct. No.200432700010
600 W. Oak Ridge Road, Bldg. 3     )
Orlando, Florida                   )                FRN 0010339414
                                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                     Released: March 3, 2004

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  Rony  Richard Louis  (``Mr. 
Louis'') apparently liable for a forfeiture in the amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation of Section 301 of  the Communications Act of 1934, 
as  amended (``Act'').1   Specifically,  we  find Mr.  Louis 
apparently  liable  for operating  a  radio  station on  the 
frequency of 89.5 MHz without Commission authorization.

                         II.  BACKGROUND

     2.   On October  24, 2003,  the FCC  Enforcement Bureau 
Tampa Field  Office (``Tampa Office'') received  two reports 
of an unlicensed FM radio station operating on the frequency 
89.5 MHz in the Orlando, Florida area.

     3.   On  November 4,  2003, two  agents from  the Tampa 
Office  drove  an  FCC  direction  finding  vehicle  to  the 
Orlando,  Florida  area and  observed  an  FM radio  station 
broadcasting on 89.5 MHz.  Using direction finding equipment 
and techniques,  the agents determined that  the station was 
broadcasting from a commercial  building with a sign reading 
Rapide Transfert, located at  600 W. Oakridge Road, Building 
3, Orlando,  Florida.  The agents  saw an FM  broadcast type 
antenna mounted  on the  roof of  the building.   The agents 
took field strength measurements of the station's signal and 
determined that the station  required a license to operate.2  
The FCC's records showed no license had been issued for this 
operation.

     4.   Immediately after locating the station, the agents 
inspected the station broadcasting on 89.5 MHz shortly after 
midnight on November  5, 2003.  The station  was operated by 
Mr.  Rony Richard  Louis.   Mr. Louis  was  the only  person 
present inside the building at the time.  Mr. Louis received 
a verbal and written  warning of unlicensed radio operation.  
Mr. Louis led the agents  to the transmitter and voluntarily 
surrendered the transmitter to the agents.

     5.   On  January 15,  2004, two  agents from  the Tampa 
Office  drove  an  FCC  direction  finding  vehicle  to  the 
Orlando,  Florida  area and  observed  an  FM radio  station 
operating on  89.5 MHz.   Using direction  finding equipment 
and techniques,  the agents determined that  the station was 
broadcasting from a commercial  building with a sign reading 
Rapide Transfert, located at  600 W. Oakridge Road, Building 
3, Orlando, Florida, the same  location as on November 4 and 
5,  2003.   The agents  saw  an  FM broadcast  type  antenna 
mounted on the roof of  the building.  The agents took field 
strength measurements of the station's signal and determined 
that the station required a  license to operate.3  The FCC's 
records  showed   no  license  had  been   issued  for  this 
operation.  A vehicle registered to  Mr. Louis was parked in 
front of the building.  This same vehicle was present during 
the November 5, 2003, inspection.
     
     7.   On  January  16,  2004, the  Tampa  Office  agents 
returned to  600 W.  Oakridge Road,  Building 3  in Orlando, 
Florida and spoke  to Mr. Louis.    Mr.  Louis denied having 
any transmitter at that location.  The agents noted that the 
antenna was still  located on the premises and  that the end 
of  the  coax  cable  from the  antenna  entered  the  space 
occupied  by Mr.  Louis.   The agents  also interviewed  the 
building owner who stated that Mr. Louis leased the space in 
Building 3.


                      III.  DISCUSSION

     8.   Section  301 of  the Act  requires 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 November 4,  2003 and  January 15, 
2004, Mr. Louis operated radio transmitting equipment on the 
frequency   89.5  MHz   without   the  required   Commission 
authorization.

     9.   Based on the evidence before us, we find Mr. Louis 
willfully4 and  repeatedly5 violated Section 301  of the Act 
by  operating  a  radio  transmission  apparatus  without  a 
license.

     10.  Pursuant to Section 1.80(b)(4)  of the Rules,6 the 
base forfeiture  amount for operation without  an instrument 
of authorization  for the service is  $10,000.  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 Communications Act of  1934, as amended 
(``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.7   Considering the  entire record  and applying 
the  factors  listed above,  this  case  warrants a  $10,000 
forfeiture.

                      IV.  ORDERING CLAUSES

     11.  Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,8  and Sections 0.111,  0.311 and 
1.80 of the Rules,9 Rony Richard Louis is hereby NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of Section  301  of the  Act  by operating  radio 
transmitting  equipment on  the frequency  89.5 MHz  without 
benefit of the required Commission authorization.

     12.  IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL,  Rony Richard Louis  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. 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. 20554.10

     14.  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, 
Spectrum   Enforcement   Division   and  MUST   INCLUDE  THE 
NAL/Acct. No. referenced above.  

     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.  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  Spectrum 
Enforcement  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.

     17.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  Rony Richard  Louis, 600  W. Oakridge 
Road, Building 3, Orlando, FL  32809.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Ralph M. Barlow
                         Tampa  Field   Office,  Enforcement 
Bureau

Attachment
_________________________

1 47 U.S.C.  301.

2 Section 15.239 of the Commission's Rules, 47 C.F.R.  
15.239, 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 110,153 times.

3 Id.  Measurements showed that the field strength of the 
station's signal exceeded the permissible level for a non-
licensed low-power radio transmitter by 26,927 times.

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under 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 4387-88 
(1991).

5 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''

6 47 C.F.R.  1.80(b)(4).

7 47 U.S.C.  503(b)(2)(D).

8 47 U.S.C.  503(b).

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.