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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                         )                               
                                                         
                         )                               
                                                         
     In the Matter of    )   File Number: EB-09-HU-0031  
                                                         
     Radhames Severino   )   NAL/Acct. No: 200932540002  
                                                         
     Houston, Texas      )              FRN: 0018771907  
                                                         
                         )                               
                                                         
                         )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 26, 2009

   By the Resident Agent, Houston Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Radhames Severino, 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 101.5 MHz
       in Houston, Texas. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that  Mr. Severino is
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. On October 23 and 25, 2006, in response to a complaint about an
       unlicensed radio station in the Houston area, an agent from the
       Commission's Houston Office of the Enforcement Bureau ("Houston
       Office"), using radio direction-finding methods, determined that the
       source of a signal on 101.5 MHz was an antenna on the roof of a
       building at 9801 Bissonnet Street, Houston, Texas. The agent took
       field strength measurements of the signals on both days and determined
       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 databases found no evidence of a
       Commission authorization for this operation on 101.5 MHz in Houston,
       Texas. On October 31, 2006, an agent from the Houston Office inspected
       the radio station located in suites K-M of the building, which was
       labeled as the home of the Iglesia Misionera Evangelistica Elohim
       church. The agent determined that Mr. Severino leased these suites,
       was responsible for the station, and was the pastor for the church.

    3. On November 7, 2006, the Houston Office sent, via regular and
       certified mail, a formal Notice of Unlicensed Operation ("NOUO") to
       Mr. Severino at his residence. The NOUO warned Mr. Severino that
       operation of the unlicensed radio station on 101.5 MHz violated
       Section 301 of the Act, outlined the potential penalties for such a
       violation, and directed him to cease all unlicensed operations
       immediately.

    4. On January 30, March 12, and October 15, 2008, agents from the Houston
       Office, using radio direction-finding methods, determined that the
       source of signals on 101.5 MHz was once again the antenna on the roof
       of 9801 Bissonnet Street, Houston, Texas. The agents took field
       strength measurements of the signals and determined the signals being
       broadcast exceeded the limits for operation under Part 15 of the
       Rules, and therefore required a license. A search of the Commission
       databases found no evidence of a Commission authorization for this
       operation on 101.5 MHz in Houston, Texas.

    5. On April 15, 2009, an agent from the Houston Office, using radio
       direction-finding methods, determined that the source of signals on
       101.5 MHz was an antenna on the roof of 9801 Bissonnet Street,
       Houston, Texas. The agent took field strength measurements and
       determined the signals being broadcast exceeded the limits for
       operation under Part 15 of the Rules, and therefore required a
       license. A search of the Commission databases found no evidence of a
       Commission authorization for this operation on 101.5 MHz in Houston,
       Texas. On April 21, 2009, the agent confirmed that Mr. Severino was
       still leasing suites K-M of the building for his church.

   III. DISCUSSION

    6. 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 that the acts or omissions are committed
       knowingly.4 The term "repeated" means the commission or omission of
       such act more than once or for more than one day.5

    7. 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.
       Section 3(33) of the Act defines "communications by radio" as "the
       transmission by radio of writing, signs, signals, pictures, and sounds
       of all kinds, including all instrumentalities, facilities, apparatus,
       and services (among other things the receipt, forwarding, and delivery
       of communications) incidental to such transmission."6 On November 7,
       2006, Mr. Severino received a NOUO warning him that operation of a
       radio transmitter on 101.5 MHz without a license violated the Act and
       the Rules. On October 15, 2008, and April 15, 2009, agents determined
       that an unlicensed radio station operated on 101.5 MHz from 9801
       Bissonnet Street in Houston, Texas. The unlicensed radio station is
       located in the Iglesia Misionera Evangelistica Elohim church in suites
       K-M of 9801 Bissonnet Street. Mr. Severino has been the tenant for
       these suites since 2006 and is the pastor of the church. Mr. Severino
       broadcasts church-related religious programming on 101.5 MHz, and is
       the operator of this unlicensed station. On October 15, 2008 and April
       15, 2009, Mr. Severino, as the tenant for suites K-M of 9801 Bissonnet
       Street and the pastor for the church, was responsible for actions
       taking place within his control. The Enforcement Bureau has previously
       held that liability for unlicensed operation may be assigned to an
       individual who provides services and facilities incidental to the
       transmission of communications by radio.7 We therefore find that, Mr.
       Severino is also responsible for the unlicensed station operation on
       101.5 MHz at 9801 Bissonnet Street in Houston, Texas, because he
       provided the facilities used in the operation of the station. Based on
       the evidence before us, we find that Mr. Severino apparently willfully
       and repeatedly violated Section 301 of the Act by operating radio
       transmission apparatus without a license on 101.5 MHz on October 15,
       2008 and April 15, 2009.

    8. 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 $10,000.8 In assessing the monetary forfeiture
       amount, we must also take into account the statutory factors set forth
       in 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.9 Applying the Forfeiture Policy
       Statement, Section 1.80, and the statutory factors to the instant
       case, we conclude that Mr. Severino is apparently liable for a $10,000
       forfeiture.

   IV. ORDERING CLAUSES

    9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Radhames Severino 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.10

   10. 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, Radhames Severino SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   11. 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/Account Number and  FRN Number referenced
       above.  Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. If payment is made, Mr. Severino should
       send electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Houston Office,
       9597 Jones Road, #362, Houston, TX 77065 and must include the
       NAL/Acct. No. referenced in the caption.

   13. 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.

   14. 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 Radhames Severino at  his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Lee R. Browning

   Resident Agent

   Houston Office

   South Central 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 mV/m at three meters. 47 C.F.R. S:
   15.239. On October 23 and 25, 2006, the measurements indicated that the
   signals were 4,816 and 11,602 times greater, respectively, than the
   maximum permissible level for a non-licensed Part 15 transmitter.

   The webpage for the church lists its address as 9801k/m bissonnet,
   Houston, Texas. See www.mmmhouston.com.

   The Houston Office received a signed return receipt from Mr. Severino for
   the NOUO.

   On January 30, March 12, and October 15, 2008, the measurements indicated
   that the signals were 8,819, 6,503, and 12,138 times greater,
   respectively, than the maximum permissible level for a non-licensed Part
   15 transmitter.

   On April 15, 2009, the measurements indicated that the signals were 11,443
   times greater than the maximum permissible level for a non-licensed Part
   15 transmitter.

   4 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).

   5 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."

   6 47 U.S.C. S: 153(33).

   7 See Joni K. Craig, Forfeiture Order, 21 FCC Rcd 10793 (EB 2006).

   8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   9 47 U.S.C. S: 503(b)(2)(E).

   10 47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission