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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-06-TP-336
Roubens Maignan ) NAL/Acct. No. 200832700007
Port St. Lucie, Florida ) FRN: 0017228925
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 9, 2008
By the District Director, Tampa Field Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Roubens Maignan, apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter. We conclude, pursuant to
Section 503(b) of the Act, that Mr. Maignan is apparently liable for
forfeiture in the amount of ten thousand dollars ($10,000).
2. In response to a complaint of unauthorized broadcast station in the
Port St. Lucie, Florida area, on January 22 and 24, 2007, agents from
the Commission's Tampa Office of the Enforcement Bureau ("Tampa
Office") monitored broadcast transmissions on 106.1 MHz in Port St.
Lucie, Florida. The agents, using direction finding techniques,
located the transmissions to an antenna mounted on a house in Port St.
Lucie, Florida. A search of the St. Lucie County Property Appraiser
records confirmed that the property is owned by Mr. Maignan. The
agents 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. A search of the Commission's databases revealed no
authorization for a broadcast station on that frequency at that
3. On January 24, 2007, after determining that transmissions were
emanating from Mr. Maignan's house, the Port St. Lucie Police
Department executed a search warrant of the premises and found Mr.
Maignan present. Agents from the Tampa Office were present during the
search and observed a coaxial cable from the antenna enter a room
located in the northeast side of his house through the attic. The
coaxial cable was connected to station transmitter equipment. On
January 24, 2007, Mr. Maignan admitted to an Officer of the Port St.
Lucie Police Department and to the agents from the Tampa Office that
he personally purchased and set up the radio station equipment without
obtaining a license from the Commission.
4. 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.
5. Section 301 of the Act requires 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. In particular, Section 301
states that "[n]o person shall use or operate any apparatus for the
transmission of energy or communications or signals by radio (a) from
one place in any State, Territory, or possession of the United States
or in the District of Columbia to another place in the same State,
Territory, possession, or District; . . . except under and in
accordance with this chapter and with a license in that behalf granted
under the provisions of this chapter." Agents from the Tampa Office
determined that, on January 22 and 24, 2007, an unlicensed radio
station operated on 106.1 MHz from Mr. Maignan's residence in Port St.
Lucie, Florida. Mr. Maignan admitted that he purchased and set up the
radio station equipment without a license from the Commission. Based
on the evidence before us, we find Mr. Maignan apparently willfully
and repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license.
6. 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)(E) 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. Applying the Forfeiture Policy Statement, Section 1.80 of the
Rules, and the statutory factors to the instant case, we conclude that
Mr. Maignan is apparently liable for a $10,000 forfeiture
IV. ORDERING CLAUSES
7. 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, Roubens Maignan is 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.
8. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Roubens Maignan SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
9. 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.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Field
Office, 2203 N. Lois Ave., Room 1215, Tampa, Florida 33607, and must
include the NAL/Acct. No. referenced in the caption.
11. 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.
12. 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, Room 1A625, 445
12th Street, S.W., Washington, D.C. 20554.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and
regular mail, to Roubens Maignan at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Field Office
South Central Region
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 mV/m at three meters. 47 C.F.R. S:
15.239. On January 22 and 24, 2007, the measurements indicated that the
signals were 3,657 and 4,771 times greater, respectively, than the maximum
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."
47 U.S.C. S: 301.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission