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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-04-BS-067
Sylvane Simon ) NAL/Acct. No.200532260002
Mattapan, MA )
) FRN 0013802681
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 26 , 2005
By the District Director, Boston Office, Northeast Region,
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Sylvane Simon (``Mr. Simon''),
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. Simon
apparently liable for operating radio transmission equipment
without a license on 1640 KHz in Mattapan, MA.
2. On June 15, 2004, agents in the Commission's
Boston Office of the Enforcement Bureau (``Boston Office'')
monitored signals on 1640 KHz in Mattapan, MA and, using
mobile direction-finding techniques, determined the source
of the signals to be 9 Duke Street, Mattapan, MA. Based on
field-strength measurements of the signal taken by the
agents, the station required a Commission authorization to
operate.2 FCC records showed that no license had been
issued for the operation of an AM broadcast station at this
3. Also on June 15, 2004, agents in the Boston Office
observed a radio signal on 105.3 MHz in Mattapan, MA and,
using mobile direction-finding techniques, determined the
source of the signals to be 1333 Blue Hill Avenue, Mattapan,
MA. The audio on 105.3 MHz was the same as the audio being
broadcast on 1640 KHz. Based on field-strength measurement
of the signal taken by the agents, the operation on 105.3
MHz required a Commission authorization.
4. On June 24, 2004, agents conducted an inspection
at 1333 Blue Hill Avenue and spoke to Mr. Simon. Based on
their conversation with Mr. Simon, the agents determined
that Mr. Simon was operating a studio at 1333 Blue Hill
Avenue and transmitting the audio on 105.3 MHz to the AM
transmitter located at 9 Duke Street. The agents orally
warned Mr. Simon of the consequences of unlicensed operation
of a broadcast station. Mr. Simon stated to the FCC agents
that the station would remain off the air until he received
an authorization from the FCC to operate.3 On June 29,
2004, the Boston Office issued a Notice of Unlicensed
Operation by certified and first class mail.
5. On August 25, 2004 and October 7, 2004, FCC agents
again detected signals on 1640 KHz and, using mobile
direction-finding techniques, determined the source of the
signals to be 9 Duke Street, Mattapan, MA. Based on field-
strength measurements of the signal taken by the agents on
August 24, 2004 and October 7, 2004, the station required a
Commission authorization to operate. During the inspection
conducted on October 7, 2004, the agents observed an antenna
affixed to the top of a garage in the rear of 9 Duke Street.
The Boston Office mailed another Notice of Unlicensed
Operation to Mr. Simon by certified and first class mail on
October 7, 2004.
6. On October 25, 2004, Mr. Simon responded to the
October 7, 2004 Notice of Unlicensed Operation. Mr. Simon
reported that modifications were made to the station in
order to bring it into compliance with the Commission's Part
15 rules for low power stations.
7. On October 28, 2004, FCC agents again detected
signals on 1640 KHz and, using mobile direction-finding
techniques, determined the source of the signals to be 9
Duke Street, Mattapan, MA. Based on field-strength
measurements of the signal taken by the agents on October
28, 2004, the station required a Commission authorization to
8. 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 issued by the Commission.4 Agents from the Boston
Office positively identified the source of an AM signal
transmitting on 1640 KHz on June 15, 2004, August 25, 2004,
October 7, 2004, and October 28, 2004 as 9 Duke Street,
Mattapan, MA. On those dates, agents also conducted field
strength measurements of the signal and determined the
station exceeded the legal limit for an allowable low power
non-licensed transmitter. A license therefore was required
for operation of this station. The FCC's records show that
no license has been issued for an AM station on 1640 KHz in
Mattapan, MA. Mr. Simon has been warned orally and in
writing of the possible penalties for unlicensed operation
of the station. Moreover, in response to the October 7,
2004 Notice of Unlicensed Operation, Mr. Simon indicated
that he would bring the station into compliance with the
Commission's Part 15 rules. He nevertheless continued to
operate the station without a license and without coming
into compliance with the Part 15 rules.
9. Based on the evidence before us, we find that Mr.
Simon willfully5 and repeatedly6 violated Section 301 of
the Act by operating an AM radio transmitter without a
10. Pursuant to Section 1.80(b)(4) of the Commission's
Rules (``Rules''),7 the base forfeiture amount for operation
without an instrument of authorization 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 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.8 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,9 and Sections 0.111, 0.311 and
1.80 of the Rules,10 Sylvane Simon is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for willful violation of
Section 301 of the Act by operating an unlicensed
transmitter on 1640 KHz.
12. IT IS FURTHER ORDERED that, pursuant to Section
1.80 of the Rules, within thirty (30) days of the release
date of this NAL, Sylvane Simon SHALL PAY the full amount of
the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed
13. 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 Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh,
PA 15251. Payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account
14. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Northeast
Region, Boston Office, 1 Batterymarch Park, Quincy, MA
02169-7448 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.
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
16. IT IS FURTHER ORDERED that a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Sylvane Simon at his address of record.
Dennis V. Loria
147 U.S.C. § 301
2Section 15.209(a) of the Commission's rules authorizes
operation of low power radio equipment without a license if
the strength of the signal does not exceed the maximum
signal strength at a specified distance. See 47 C.F.R. §
15.209(a). The measurements showed that the field strength
of the station's signal exceeded the permissible level for a
non-licensed low-power radio transmitter.
3Since the June 24, 2004 inspection, FCC agents have not
detected a signal on the frequency 105.3 MHz in Mattapan,
447 U.S.C. § 301.
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 . . . .'' See
Southern California Broadcasting Co., 6 FCC Rcd 4387-88
6 Section 312(f)(2) of the Act, 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.''
7 47 C.F.R. § 1.80(b)(4).
8 47 U.S.C. § 503(b)(2)(D).
9 47 U.S.C. § 503(b).
10 47 U.S.C. §.§ 0.111, 0.311, 1.80.