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

                                )
                                )
In the Matter of                )          File Number: EB-03-
                                )NY-380
Moises Cabrera                  )
Juan Cabrera                    )          NAL/Acct. No: 
                                )200632380002
New York, NY
                                           FRN: 0013 3361 10


             NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                              Released:  December 
                                                         19, 2005

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 Moises Cabrera and Juan Cabrera 
 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 89.7 MHz.  We 
 conclude, pursuant to Section 503(b) of Act,2 that Moises 
 Cabrera and Juan Cabrera are apparently liable for a forfeiture 
 in the amount of ten thousand dollars ($10,000).

II.  BACKGROUND

      2.  On December 27, 2004, the New York Office of the FCC's 
 Enforcement Bureau received a complaint of an illegal broadcast 
 station operating on 89.7 MHz in New York, New York.

      3.  On December 29, 2004, a Commission agent, using a 
 mobile direction-finding vehicle, monitored the frequency 89.7 
 MHz in New York, New York.  The agent observed a radio 
 broadcast on 89.7 MHz and identified the source of the 
 transmissions as an FM broadcasting antenna on a building at 
 501 West 207th Street, New York, NY 10034.  The agent observed 
 an FM broadcast antenna mounted on the roof.  The agent took 
 field strength measurements and determined that the signals 
 being broadcast exceeded the limits for operation under Part 15 
 of the Commission's Rules (``Rules'')3 and therefore required a 
 license.  The agent searched Commission databases and found no 
 evidence of a Commission authorization for operation on 89.7 
 MHz in New York, New York.

      4.  On that same day, after completing the field strength 
 measurements, the agent went to the second floor of 501 West 
 207th Street to conduct a station inspection.  Upon entering 
 the building, the agent noted a sign for an organization that 
 read ``Iglesia Pentecostal Centro Evangelistico Movimiento 
 Misionero.''4  The agent conducted an inspection with Juan 
 Cabrera, Moises Cabrera's son, who was present in the studio 
 and operating the station.  The agent observed radio station 
 studio equipment, including an operational FM transmitter with 
 a visual display showing the frequency assignment 89.7 MHz.  
 Prior to leaving the area, the agent monitored 89.7 MHz and 
 noted that the station went off the air.

      5.  On December 30, 2004, the New York office sent a 
 Warning Letter, by First Class and Certified Mail Return 
 Receipt Requested, to Radio Movimiento Mision Vida, Attn: Juan 
 Cabrera and Moises Cabrera, for unlicensed operation on the 
 frequency 89.7 MHz.5  The New York Office received the U. S. 
 Post Office return receipt, signed by Juan Cabrera, confirming 
 that the letter was delivered and received on January 4, 2005.  
 The New York Office did not receive a response to the Warning 
 Letter.

      6.  On March 3, 7, and 8, 2005, a Commission agent, using a 
 mobile direction-finding vehicle, monitored the frequency 89.7 
 MHz in New York, New York.  The agent observed a radio 
 broadcast on 89.7 MHz, and identified the source of the 
 transmissions as an FM broadcasting antenna on a building at 
 501 West 207th Street, New York, NY 10034.  The agent also 
 observed an FM broadcast antenna mounted on the roof.  The 
 agent took field strength measurements and determined that the 
 signals being broadcast exceeded the limits for operation under 
 Part 15 of the Rules and therefore required a license.  The 
 agent searched Commission databases and found no evidence of a 
 Commission authorization for operation on 89.7 MHz in New York, 
 New York.

      7.  After completing the field strength measurements on 
 March 8, the agents went to the second floor of 501 West 207th 
 Street and conducted a station inspection with Moises and Juan 
 Cabrera.  The agents observed radio station studio equipment, 
 including an operational FM transmitter.  In response to 
 questions from the agents, Moises Cabrera and Juan Cabrera 
 admitted to operating the station.  They reported that, using 
 the roof antenna, they had been operating the station with the 
 current transmitter for about one year and previously operated 
 the station with a higher power transmitter.  When Juan Cabrera 
 turned off the transmitter in the agents' presence, the station 
 went off the air.  The agents informed Moises and Juan Cabrera 
 that they did not have authority to operate the station and 
 advised them of the penalties for unlicensed operation.

      8.  On May 5, 2005, a Commission agent, using a mobile 
 direction-finding vehicle, monitored the frequency 89.7 MHz in 
 New York, New York.  The agent observed a radio broadcast on 
 89.7 MHz, and identified the source of the transmissions as an 
 FM broadcasting antenna on a building at 501 West 207th Street, 
 New York, NY 10034.  The antenna was mounted at a much lower 
 height on the roof than previously observed and could only be 
 seen from a higher vantage point.  The agent took field 
 strength measurements and determined that the signals being 
 broadcast exceeded the limits for operation under Part 15 of 
 the Commission's Rules (``Rules'')4 and therefore required a 
 license.  The agent searched Commission databases and found no 
 evidence of a Commission authorization for operation on 89.7 
 MHz in New York, New York.

III.      DISCUSSION

      9.  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.6  The term ``repeated'' means the commission or 
 omission of such act more than once or for more than one day.7 

      10.      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.  Agents from the New 
 York Office positively identified the source of an FM signal 
 transmitting on 89.7 MHz on December 29, 2004, and March 3, 
 March 7, March 8, and May 5, 2005 as a building at 501 West 
 207th Street, New York, NY.  On those dates, agents also 
 conducted field strength measurements and determined the signal 
 exceeded the allowable limit for a low power non-licensed 
 transmitter.  A license therefore was required for operation of 
 this station.  The FCC's records showed that no license had 
 been issued for an FM station on 89.7 MHz in New York, NY.  
 Moises and Juan Cabrera admitted to operating the station and 
 continued to operate the station after being warned orally and 
 in writing of the possible penalties for unlicensed operation.  

      11.    Based on the evidence before us, we find that 
 Moises Cabrera and Juan Cabrera apparently willfully and 
 repeatedly violated Section 301 of the Act by operating radio 
 transmission equipment on 89.7 MHz in New York, NY on December 
 29, 2004, and March 3, March 7, March 8, and May 5, 2005, 
 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 
 $10,000.8  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.9  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors to the 
 instant case, we conclude that Moises Cabrera and Juan Cabrera 
 are apparently jointly liable for a $10,000 forfeiture.

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, 
 Moises Cabrera and Juan Cabrera are 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.10

      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, Moises Cabrera and Juan Cabrera 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 Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.

      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, 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: Associate Managing 
 Director, Financial Operations, 445 12th Street, S.W., Room 
 1A625, Washington, D.C. 20554.1

      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 Moises and 
 Juan Cabrera at their address of record.


                              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 15.239 of the Rules 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. 47 C.F.R.  15.239.  Measurements showed that the 
field strength of the station's signal exceeded the 
permissible level for a non-licensed Part 15 transmitter.  
4The agent  subsequently  confirmed that  ``Centro  Evangelistico 
M.M.M. Inc.'' is a non-profit corporation registered in New  York 
State with a mailing address of 501 West 207th Street, New  York, 
NY 10040.   The website  for the  church, ``Movimiento  Misionero 
Mundial - New York,'' lists Moises  Cabrera as the pastor of  the 
church.
5The unlicensed radio station  apparently operated by Moises  and 
Juan Cabrera identifies as ``Radio Movimiento Mision Vida.''
6Section 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).
7Section 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.'' 
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
947 U.S.C.  503(b)(2)(D).
1047 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80, 47 
U.S.C.  301.
_________________________

1See 47 C.F.R.  1.1914.