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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )    File Number: EB-07-NY-050  
                                                        
     Craig Watkins      )   NAL/Acct. No: 200732380012  
                                                        
     Bronx, NY          )              FRN: 0014159255  
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                July 27, 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 Craig Watkins apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed radio transmitter on the frequency 106.3 MHz
       in Bronx, NY and willfully violated and 303(n) by failing to permit a
       station inspection. We conclude, pursuant to Section 503(b) of Act,
       that Craig Watkins is apparently liable for a forfeiture in the amount
       of seventeen  thousand dollars ($17,000).

   II. BACKGROUND

    2. On March 7, 2007, the FCC New York Office received a complaint from an
       engineer representing FM station WFAF, which operates on 106.3 MHz in
       Mt. Kisco, NY. The engineer reported that an illegal broadcast station
       operating on 106.3 MHz in Bronx, NY was causing interference to WFAF.

    3. On March 10, 2007, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
       agent observed a radio broadcast on 106.3 MHz and identified the
       source of the transmissions as an FM broadcasting antenna on the roof
       of 927 East 229th Street, Bronx, NY 10466. 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") and therefore required a license. The agent searched
       Commission databases and found no evidence of a Commission
       authorization for operation on 106.3 MHz in Bronx, NY.

    4. On the same day, after completing field strength measurements,
       Commission agents conducted an investigation on the roof of 927 East
       229th Street, Bronx, NY 10466. The agents observed an FM broadcast
       antenna mounted to the chimney of the building that was connected to
       coaxial cable leading into a window of an upstairs apartment.  The
       agents then knocked on the door to the upstairs apartment of the
       two-family house. When the man who answered the door was asked about
       the radio station, he stated that he was a visitor and that he knew
       nothing about the radio station. When agents asked him to turn off the
       transmitter, he did so. The man also advised the agents that the
       apartment's resident was not at home.

    5. While speaking to the man at the upstairs apartment door, the agents
       were approached by the building owner, Garfield White. The agents
       advised White that an unauthorized radio station was being operated by
       someone in the upstairs apartment. White phoned the resident,  Craig
       Watkins, and asked him to return to the residence. When Watkins
       arrived, the agents questioned him about the radio station and he
       admitted that there was radio equipment in his apartment, but he
       stated that no radio station existed. Watkins refused to allow the
       agents to inspect the equipment. The agents issued Watkins a Notice of
       Unlicensed Radio Operation for operating an unlicensed radio station
       on 106.3 MHz and for refusing to allow inspection of the radio
       equipment. After returning to the vehicle, the agents monitored 106.3
       MHz and noted that the station was off the air.

    6. On March 13, 2007, a Commission agent,  using a mobile direction
       finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
       agent observed a radio broadcast on 106.3 MHz and identified the
       source of the transmissions as an FM broadcasting antenna on the roof
       of 927 East 229th Street, Bronx, NY 10466. A review of Commission
       databases revealed no evidence of a Commission authorization for
       operation on 106.3 MHz in Bronx, NY.

    7. On March 14, 2007, a Commission agent, using a mobile direction
       finding vehicle, again monitored the frequency 106.3 MHz in Bronx, NY.
       The agent observed a radio broadcast on 106.3 MHz and identified the
       source of the transmissions as an FM broadcasting antenna on the roof
       of 927 East 229th Street, Bronx, NY 10466. 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
       106.3 MHz in Bronx, NY.

   III. DISCUSSION

    8. 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.

    9. Section 301 of the Act provides 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. On March 10, 13, and 14, 2007, Watkins operated
       radio transmission equipment at 927 East 229th Street, Bronx, NY 10466
       without the required Commission authorization. Because Watkins
       continued to operate his station even after being issued a written
       notice, his violation was willful. Watkins' violation occurred on more
       than one day, therefore, it was repeated.

   10. Section 303(n) of the Act states that the Commission has the authority
       to inspect all radio installations associated with stations required
       to be licensed in order to ascertain whether, in operation, they
       conform to the requirements of the rules and regulations of the
       Commission. On March 10, 2007, Watkins willfully refused to allow
       agents to inspect the station.

   11. Based on the evidence before us, we find that Watkins  apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment on 106.3 MHz in Bronx, NY on March 10, 13
       and 14, 2007 without a Commission authorization and willfully violated
       Section 303(n) of the Act by refusing to allow an inspection of his
       station on March 10, 2007.

   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 and the base forfeiture amount for failure to
       permit an inspection is $7,000. In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in Section 503(b)(2)(E) 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 to the instant case, we conclude that Craig
       Watkins is apparently liable for a $17,000 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, Craig Watkins is hereby NOTIFIED of
       this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen
       thousand dollars ($17,000) for violations of Sections 301 and 303(n)
       of the Act.

   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, Craig Watkins 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. 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.

   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.

   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 Craig Watkins 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: 303(n).

   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.

   See supra n. 3.

   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.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(D).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 47 U.S.C.
   S:S: 301, 303(n).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

   Federal Communications Commission

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   Federal Communications Commission