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 Number EB-04-PA-083
                                 )
Lou Gentile                      )     NAL/Acct. No.  200532400001
                                 )
Philadelphia, PA                 )                  FRN 0011588993
                                 )
                                 )


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                              Released:  November 
                                                         12, 2004

By the District Director, Philadelphia Office, Northeast Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this  Notice of  Apparent Liability  for  Forfeiture 
 ("NAL"), we find that Lou Gentile apparently willfully  violated 
 Section  301 of  the  Communications  Act of  1934,  as  amended 
 ("Act''), by operating  an unlicensed radio  transmitter on  the 
 frequency  107.7   MHz  in   Philadelphia,  Pennsylvania.1    We 
 conclude,  pursuant to  Section  503(b)  of the  Act,  that  Mr. 
 Gentile is apparently liable for  a forfeiture in the amount  of 
 ten thousand dollars ($10,000). 2

II.  BACKGROUND

      2.  On  April  29,  2004,  the  FCC  Enforcement   Bureau's 
 Philadelphia Field Office  (``Philadelphia Office'') received  a 
 complaint about an  illegal broadcast station  operating on  the 
 frequency 107.7 MHz  in Philadelphia, Pennsylvania.   On May  6, 
 2004,  an agent  from  the  Philadelphia  Office  monitored  the 
 frequency  107.7 MHz  and  observed a  radio  broadcast.   Using 
 radio direction  finding techniques, the  agent determined  that 
 the source  of the signal  was located at  4727 Oakmont  Street, 
 Philadelphia,  Pennsylvania,  19136.    The  agent  took   field 
 strength measurements and  determined that the station  required 
 a license to  operate.3  A review of  Commission records by  the 
 agent revealed no authorization  for the operation of a  station 
 on the  frequency 107.7  MHz in  the Philadelphia,  Pennsylvania 
 area.  

      3.  On May 7, 2004, the Philadelphia Office sent a  warning 
 letter  to  Mr.  Gentile  by  Certified  Mail,  Return   Receipt 
 Requested, advising him  that the operation  of a radio  station 
 on the frequency  107.7 MHz without  a license violates  Section 
 301 of the Act.4  The letter requested that Mr. Gentile  provide 
 a response  within  ten (10)  days  of receipt  of  the  letter.  
 Although  the Return  Receipt  indicates  that  the  letter  was 
 received and signed  for by Antoinette  Gentile, no response  to 
 the warning letter was received by the Philadelphia Office.

      4.  During an interview with two Commission agents on  June 
 9,  2004, Mr.  Gentile  admitted  that  he  operated  the  radio 
 station on May 6, 2004 without a license.  


III.      DISCUSSION

      5.  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.5  

      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 except  under 
 and in  accordance with  this Act  and with  a license  in  that 
 behalf granted  under the  provisions of  this Act.   On May  6, 
 2004, Mr. Gentile operated  radio transmission equipment on  the 
 frequency  107.7  in  Philadelphia,  Pennsylvania  without   the 
 required Commission  authorization.  We also  note that,  during 
 an investigation conducted by  the Philadelphia Office in  2002, 
 Mr. Gentile admitted  to operating radio transmission  equipment 
 without the required Commission authorization on frequency  95.3 
 MHz.
.
      7.  Based on  the  evidence before  us,  we find  that  Mr. 
 Gentile willfully violated Section  301 of the Act by  operating 
 an unlicensed radio  transmitter on the  frequency 107.7 MHz  in 
 Philadelphia, Pennsylvania on May 6, 2004.

      8.  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  operating  a  radio  transmitter  without  a  valid 
 authorization   is  $10,000.6    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.7   Applying  the 
 Forfeiture Policy  Statement, Section  1.80, and  the  statutory 
 factors, a $10,000 forfeiture is warranted.
  
IV.  ORDERING CLAUSES

      9.  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,  Lou 
 Gentile is  hereby NOTIFIED  of this  APPARENT LIABILITY  FOR  A 
 FORFEITURE in the amount  of ten thousand dollars ($10,000)  for 
 violation of Section 301 of the Act.8

      10.      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,  Lou Gentile  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 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.

      12.      The response, if  any, must be  mailed to  Federal 
 Communications   Commission,   Enforcement   Bureau,   Northeast 
 Region, Philadelphia Office, One Oxford Valley Office  Building, 
 Room  404, 2300  East  Lincoln Highway,  Langhorne,  PA,  19047, 
 within thirty (30)  days of the release  date of this Notice  of 
 Apparent  Liability   for  Forfeiture  and   must  include   the 
 NAL/Acct. No. referenced in the caption.  

      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  for   Forfeiture   under   an 
 installment  plan  should  be   sent  to:  Chief,  Revenue   and 
 Receivables   Operations   Group,   445   12th   Street,   S.W., 
 Washington, D.C. 20554.9

      15.      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  Lou 
 Gentile, 4727 Oakmont Street, Philadelphia, PA, 19136.

                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              John Rahtes
                              District Director
                              Philadelphia Office                
Northeast Region
                              Enforcement Bureau 



_________________________

1 47 U.S.C.  301.
2 47 U.S.C.  503(b).
3 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 transmission does not 
exceed 250 V/m at three meters.  In this instance, the 
measurements showed that the field strength of the station's 
signal exceeded the permissible level for a non-licensed low-
power station by 1,617 times.  
4 The agent believed that Mr. Gentile resided at 4727 Oakmont 
Street, Philadelphia, Pennsylvania, based on a prior FCC 
investigation.
5Section 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).
612 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
747 U.S.C.  503(b)(2)(D).  
847 C.F.R.  0.111, and 0.311.
9 See 47 C.F.R.  1.1914.