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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,
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.
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
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.
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
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
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
02169-7495 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
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
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.
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
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.