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

                                 )
                                 )
In the Matter of                 )       File Number: EB-04-NY-086
                                 )
Jean L. Senatus                  )      NAL/Acct. No: 200532380002
                                 )
Spring Valley, NY                )               FRN: 0010 9802 90



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                              Released:  November 
                                                          8, 2004

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

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Jean L. Senatus apparently willfully and 
 repeatedly violated Section 301 of the Communications Act of 
 1934, as amended (``Act''),1 by operating an unlicensed radio 
 transmitter on the frequency 96.1 MHz.  We conclude, pursuant 
 to Section 503(b) of Act,2 that Jean L. Senatus is apparently 
 liable for a forfeiture in the amount of ten thousand dollars 
 ($10,000).

II.  BACKGROUND

      2.  On April 2, 2004, the FCC New York Office received a 
 complaint from an FCC licensed radio station of interference 
 from an illegal broadcast station operating on the frequency 
 96.1 MHz in Spring Valley, New York.  The licensed station 
 operates on the frequency 96.3 MHz in New York, New York.

      3.  On April 7, 2004, a Commission agent, using a mobile 
 direction-finding vehicle, monitored the frequency 96.1 MHz in 
 Spring Valley, New York.  The agent observed a radio broadcast 
 on 96.1 MHz, and identified the source of the transmissions as 
 an FM broadcasting antenna on an office building at 52 South 
 Main Street, Spring Valley, New York 10977.  The agent searched 
 Commission databases and found no evidence of a Commission 
 authorization for operation on 96.1 MHz in Spring Valley, New 
 York.        

      4.  On April 17, 2004, Commission agents, using a mobile 
 direction-finding vehicle, monitored the frequency 96.1 MHz in 
 Spring Valley, New York.  The agents again observed a radio 
 station broadcasting on 96.1 MHz and determined that the 
 station was operating from 52 South Main Street, Spring Valley, 
 New York.  The agents observed an FM broadcast antenna on the 
 roof of the building, entered the building, and heard the audio 
 being broadcast on 96.1 MHz coming from behind one of the doors 
 on the second floor.

      5.  The agents knocked on the door and were allowed entry 
 into the office space where the radio station was in operation 
 and a group of five men was present.  The office space was 
 empty except for the radio transmitting equipment.  Agents 
 observed studio equipment, an RF power amplifier, and an 
 antenna cable going into an FM transmitter.  In response to 
 questions from the agents about the operation of the radio 
 station, one of the men, identified from a driver's license as 
 Jean L. Senatus, assumed responsibility for operation of the 
 station.  Mr. Senatus also stated that he did not know the name 
 of the lessee of the office space.  

      6.  On April 21, 2004, the  New York Office sent a  Warning 
 Letter, by First Class  Mail and Certified Mail, Return  Receipt 
 Requested, to Jean  L. Senatus for  unlicensed operation on  the 
 frequency 96.1  MHz.  On  April 29,  2004, the  New York  Office 
 received a  reply to the  Warning Letter from  Jean L.  Senatus.  
 Mr. Senatus admitted  to being present  during the operation  of 
 the station.   He  stated, however,  that  he did  not  own  the 
 station and that  he was not aware  that a license was  required 
 to operate  a radio station.   Mr. Senatus  further stated  that 
 station  operations  ceased  immediately  upon  receipt  of  the 
 warning letter from the FCC.  

      7.  On May 3, 2004, a Commission agent spoke to the owner 
 of 52 South Main Street, Spring Valley, New York, who 
 identified Jean L. Senatus as the lessee of the second floor 
 office space inspected by the agents.  The building owner told 
 the agent that he was aware of the antenna on the roof of his 
 building, but that Mr. Senatus told him that the antenna on the 
 roof was for a low power FM radio station.  The lease agreement 
 between Jean L. Senatus and the owner of 52 South Main Street, 
 Spring Valley, New York, provides that Mr. Senatus was to 
 occupy the office space on the second floor to conduct his 
 business as a producer of a television show.

III.      DISCUSSION

      8.  Section 503(b) of the Act provides that any person who 
 willfully or repeatedly fails to comply substantially with the 
 terms and conditions of any license, or willfully or repeatedly 
 fails to comply with any of the provisions of the Act or of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) of the Act has been interpreted to 
 mean simply that the acts or omissions are committed 
 knowingly.3  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.4 

      9.  Section 301 of the Act states 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.  As described above, 
 agents determined that a radio station broadcasting on 96.1 MHz 
 operated from 52 South Main Street in Spring Valley, New York 
 on April 7, 2004 and April 17, 2004 without a license.  When 
 agents inspected the station during its operation on April 17, 
 2004, Mr. Senatus assumed responsibility for the station's 
 operation.  The fact that Mr. Senatus does not ``own'' the 
 station is inapposite.  Section 301 of the Act provides that 
 ``no person shall use or operate'' radio transmission equipment 
 without a valid Commission authorization.  We do not need to 
 find that an individual or entity owns the station in order to 
 find that there has been a violation of Section 301 of the Act.  
 We therefore find that Mr. Senatus willfully violated Section 
 301 of the Act by operating radio transmission equipment 
 without a license on 96.1 MHz.

      10.    The assertion by Mr. Senatus that he did not know 
 that he needed a license does not negate the willfulness of the 
 violation.  Section 312(f)(1) of the Act, 47 USC  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,' ... means the conscious and deliberate commission or 
 omission of such act, irrespective of any intent to violate any 
 provision of this Act or any rule or regulation of the 
 Commission authorized by this Act ...."  Thus, even if Mr. 
 Senatus did not intend to violate Section 301 of the Act, he 
 acted willfully by deliberately operating the station.  
 Similarly, the fact that Mr. Senatus ceased operations after 
 receiving the Warning Letter is not a mitigating factor.  The 
 FCC expects that unlicensed radio station operations will cease 
 immediately upon notification of a violation.

      11.    Based on the evidence before us, we find that Jean 
 L. Senatus willfully and repeatedly violated Section 301 of the 
 Act by operating radio transmission equipment on 96.1 MHz on 
 April 7, 2004, and April 17, 2004, without a Commission 
 authorization.

      12.      Pursuant to The Commission's Forfeiture Policy 
 Statement and Amendment of Section 1.80 of the Rules to 
 Incorporate the Forfeiture Guidelines ("Forfeiture Policy 
 Statement"), and Section 1.80 of the Rules, the base forfeiture 
 amount for operation without an instrument of authorization is 
 $10,000.5  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 Act, which include the nature, 
 circumstances, extent, and gravity of the violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.6  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, a $10,000 
 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      13.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 
 Jean L. Senatus is hereby NOTIFIED of this APPARENT LIABILITY 
 FOR A FORFEITURE in the amount of ten thousand dollars 
 ($10,000) for violations of Section 301 of the Act.7

      14.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules, within thirty (30) days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, Jean L. Senatus SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.

      15.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.  Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.

      16.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Northeast 
 Region, New York Office, 201 Varick Street, Suite 1151, New 
 York, NY 10014, within thirty (30) days from the release date 
 of this Notice of Apparent Liability for Forfeiture and must 
 include the NAL/Acct. No. referenced in the caption.  

      17.      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.  

      18.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.8

      19.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Jean 
 Senatus, 103 W. Eckerson Road, Spring Valley, NY 10977. 

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Daniel W. Noel
                              District Director 
                              New York Office
                              Northeast Region
                              Enforcement Bureau


_________________________

147 U.S.C.  301.
247 U.S.C.  503(b).  
3Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
4Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
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.'' 
512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
647 U.S.C.  503(b)(2)(D).
7 47 C.F.R.  0.111, and 0.311.
8See 47 C.F.R.  1.1914.