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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
                        )                               
     In the Matter of       File Number: EB-06-NY-073   
                        )                               
     Marcel Emile           NAL/Acct. No: 200732380010  
                        )                               
     East Orange, NJ        FRN: 0015 1919 68           
                        )                               
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                     Released: March 28, 2007

   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 Marcel Emile apparently willfully and repeatedly violated Section
       301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed radio transmitter on the frequencies 96.7 MHz
       and 104.7 MHz in East Orange, NJ. We conclude, pursuant to Section
       503(b) of the Act, that Marcel Emile is apparently liable for a
       forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On April 1, 2006, in response to an interference complaint, Commission
       agents, using a mobile direction-finding vehicle, monitored the
       frequency 96.7 MHz in East Orange, NJ. The agents observed a radio
       station broadcasting on 96.7 MHz and determined that the station was
       operating from an apartment building at 182 North Arlington Avenue,
       East Orange, New Jersey, 07017. The agents  subsequently 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") and therefore required a license. An agent searched
       Commission databases and found no evidence of a Commission
       authorization for this operation on 96.7 MHz in East Orange, New
       Jersey.

    3. On April 1, 2006, immediately after taking measurements, Commission
       agents returned to 182 North Arlington Avenue in East Orange, New
       Jersey. The agents, along with the building superintendent, observed
       an FM broadcast antenna on the roof and a coaxial cable coming out of
       the window of Apartment 23 connected to the antenna on the roof.
       Agents knocked on the door and were allowed to inspect the radio
       station in apartment 23. The occupants identified the person
       responsible for the operation of the radio station as Marcel Joseph.
       The transmitter was a Broadcast Warehouse FM 300 with output power
       from 25 to 300 watts.

    4. On April 3, 2006, agents contacted the management company for 182
       North Arlington Avenue. A representative from the management company
       identified the tenant in Apartment 23 as Marcel Emile ("Emile").

    5. On April 18, 2006, the New York Office sent, via regular mail and
       certified mail, return receipt requested, a Notice of Unlicensed
       Operation ("NOUO") to Marcel Emile at 182 North Arlington Avenue,
       Apartment 23, East Orange, New Jersey 07017. The NOUO warned Emile
       that operation of the unlicensed radio station on 96.7 MHz violated
       Section 301 of the Act and outlined the potential penalties for such a
       violation, including seizure of the equipment, fines and imprisonment.
       The NOUO also directed Emile to terminate operation of the unlicensed
       station immediately and provided Emile ten days to reply. Emile did
       not reply. The NOUO sent via certified mail was later returned to the
       New York Office by the U.S. Postal Service as undeliverable. The NOUO
       sent via regular mail was not returned to the New York Office.

    6. On May 6, 2006, Commission agents, using a mobile direction-finding
       vehicle, monitored the frequency 96.7 MHz in East Orange, NJ. The
       agents again observed a radio station broadcasting on 96.7 MHz and
       determined that the station was operating from 182 North Arlington
       Avenue in East Orange, New Jersey. The agents  subsequently 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. An agent searched Commission databases
       and found no evidence of a Commission authorization for this operation
       on 96.7 MHz in East Orange, New Jersey. Agents immediately returned to
       182 North Arlington and observed a FM broadcast antenna on the roof
       and a coaxial cable from the antenna entering the window of Apartment
       23.

    7. On June 12, 2006, the original complainant notified the New York
       office that the unlicensed broadcasts were transmitting on 96.7 MHz on
       the nights of June 10 and June 11, 2006. When agents inspected the
       rooftop site on July 20, 2006, they observed that the FM broadcast
       antenna had been removed. Agents left a copy of the April 20, 2006,
       NOUO  under the door of Apartment 23.

    8. On September 5, 2006, the complainant reported to the New York Office
       that the unlicensed station that previously was broadcasting on the
       frequency 96.7 MHz was now broadcasting on the frequency 104.7 MHz.

    9. On December 2, 2006, Commission agents, using a mobile
       direction-finding vehicle, monitored the frequency 104.7 MHz in East
       Orange, NJ. The agents observed a radio station broadcasting on 104.7
       MHz and determined that the station was operating from 182 North
       Arlington Avenue in East Orange, New Jersey. The agents  subsequently
       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. An agent searched Commission
       databases and found no evidence of a Commission authorization for this
       operation on 104.7 MHz in East Orange, New Jersey. Agents immediately
       returned to 182 North Arlington and observed a FM broadcast antenna on
       the roof and a coaxial cable from the antenna entering the window of
       Apartment 23. Agents observed that the open mailbox for Apartment 23
       was labeled with the name Marcel Emile.

   10. On December 5, 2006, a Commission agent again contacted the management
       company for 182 North Arlington, East Orange, New Jersey. The
       representative from the management company confirmed that Emile is the
       tenant in Apartment 23 and that he has a month-to-month verbal
       agreement to rent the apartment.

   III. DISCUSSION

   11. 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. The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

   12. 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 determined that, on April 1, 2006, an unlicensed radio station
       was broadcasting on 96.7 MHz from Apartment 23 at 182 North Arlington
       Avenue in East Orange, New Jersey. Agents subsequently determined that
       Emile rents Apartment 23 and the New York Office issued a NOUO to
       Emile on April 18, 2006, notifying him that the operation of his
       station was unauthorized and must cease immediately. Notwithstanding
       this warning, agents found on May 6, 2006, that an unlicensed radio
       station continued to broadcast on the frequency 96.7 MHz from
       Apartment 23 at 182 North Arlington Avenue in East Orange, New Jersey.
       On December 2, 2006, agents observed an unlicensed broadcast station
       operating from Apartment 23 at 182 North Arlington Avenue in East
       Orange, New Jersey on the frequency 104.7 MHz. Because Emile continued
       to operate his station even after being warned, we find that Emile's
       violation was willful. Emile's violation occurred on more than one
       day, therefore it is repeated.

   13. Based on the evidence before us, we find that Emile willfully and
       repeatedly violated Section 301 of the Act by operating radio
       transmission equipment on 96.7 MHz on April 1, 2006, and May 6, 2006,
       and by operating radio transmission equipment on 104.7 MHz on December
       2, 2006, in East Orange, New Jersey, without a Commission
       authorization.

   14. 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. 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. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors, a $10,000 forfeiture is warranted.

   IV. ORDERING CLAUSES

   15. 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, Marcel Emile 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.

   16. 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, Marcel Emile SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   17. 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 number 911-6106.

   18. 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, 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.

   19. 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.

   20. 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, 1A625, 445 12th
       Street, S.W., Washington, D.C. 20554.

   21. 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 Marcel Emile at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 U.S.C. S 301.

   47 U.S.C. S 503(b).

   Section 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 micro volts per meter ("mV/m") at three
   meters. 47 C.F.R. S 15.239. Measurements showed that the field strength of
   the station's signal exceeded the permissible level for a non-licensed
   Part 15 transmitter.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(E).

   47 C.F.R. SS 0.111, and 0.311.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission