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


In the Matter of                   )      File Number EB-05-BS-049
                                                             )
Jean Harold Marius                 )    NAL/Acct. No. 200632260002
Randolph, MA                       )                FRN 0014271175
                                  )
                                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                Released:  November 17, 2005

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

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Jean Harold Marius (``Mr. 
Marius''), apparently liable for 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. Marius 
apparently liable for operating radio transmission equipment 
without a license on 89.3 MHz in Randolph, MA. 

II.   BACKGROUND

     2.   On October 19, 2004, agents in the Commission's 
Boston Field Office of the Enforcement Bureau (``Boston 
Office'') monitored signals on 89.3 MHz in Randolph, MA and, 
using mobile direction-finding techniques, determined the 
source of the signals to be emanating from a private 
residence. The agents observed an antenna affixed to the 
roof of the house. 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 FM 
broadcast station at this location.

     3.   On October 19, 2004, during inspection, Mr. Marius 
admitted to the FCC agents that he was the owner and 
operator of the FM radio transmitting equipment operating on 
89.3 MHz from his residence. The agents verbally warned Mr. 
Marius of the consequences of unlicensed operation.  Mr. 
Marius stated to the FCC agents that the station would 
remain off the air until he received an authorization from 
the FCC to operate.  Upon departure, the agents presented 
Mr. Marius with a written Notice of Unlicensed Radio 
Operation, which he acknowledged in writing.  

     4.   On October 21, 2004, the Boston Field Office sent, 
via regular and certified mail, return receipt requested, a 
letter, addressed to Harold Marius. The letter warned the 
addressee that operation of the unlicensed radio station on 
89.3 MHz was in violation of U.S.C. 47 Section 301 and 
outlined the potential penalties for operating an unlicensed 
station, including seizure of equipment, fines and 
imprisonment, and directed the operator to terminate 
operation of the unlicensed station immediately. Mr. Marius 
signed and returned the registered mail receipt on October 
22, 2004.

     5.   On April 20, 2005, agents again detected signals 
on 89.3 MHz and using mobile direction finding techniques, 
determined the source of the signal to the same location in 
Randolph, MA. Based on field strength measurements of the 
signal taken by the agents on April 20, 2005, the station 
required a Commission authorization to operate. When agents 
knocked at the residence door, they received no answer.  The 
agents left a business card at the door of the residence.  
FCC records show that no license has been issued for a FM 
broadcast station at this location.  

     6.   On April 25, 2005, an unidentified individual 
appeared at the New England District Office, wanting to 
submit an application for a LPFM radio station. The 
applicant was listed as Jean Marius. The person was informed 
by the District Director, that the FCC was not accepting 
applications at this time and that the station should not be 
operating without a license.

III.  DISCUSSION

     7.   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) has 
been interpreted to mean simply the acts or omissions 
knowingly. The term ``repeated'' means 
the commission or omission of such act more than once or for 
more than one day.

     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.3  Agents from the Boston 
Office positively identified the source of an FM signal 
transmitting on 89.3 MHz on October 19, 2004 and April 20, 
2005, as the Marius residence in Randolph, MA.  On those 
dates agents also conducted field strength measurements and 
determined the signal exceeded the legal allowable limit for 
a 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 FM 
station on 89.3 MHz in Randolph, MA.  Furthermore, Mr. 
Marius admitted to owning and operating the radio 
transmitting equipment. Moreover, Mr. Marius has been warned 
verbally and in writing of the possible penalties for 
unlicensed operation of the station on several occasions.

     9.   Based on the evidence before us, we find that Mr. 
Marius willfully4 and repeatedly5 violated Section 301 of 
the Act by operating an FM radio transmitter without a 
license.

     10.  Pursuant to Section 1.80(b) (4) of the 
Commission's Rules (``Rules''),6 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.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 Jean Harold Marius 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 89.3 MHz.

     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, Jean Harold Marius 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 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 
bycheck 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.

     14.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Northeast 
Region, Boston Office, 1 Batterymarch Park, Quincy, MA 
02169-7495 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 
submitted.

     16.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Jean Harold Marius at his record of 
address.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Dennis V. Loria
                              District Director
                              Boston Office
                              Northeastern Region
                              Enforcement Bureau

_________________________

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.

347 U.S.C.  301. 

4Section 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, 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.