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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )   File Number: EB-09-NY-0316  
                                                        
     Ronald Reid        )   NAL/Acct. No: 201032380003  
                                                        
     Bronx, New York    )              FRN: 0019263912  
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: January 6, 2010

   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 Ronald Reid 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 107.3 MHz 
       in Bronx, New York. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Ronald Reid is
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. On October 29, 2009, the New York Office of the FCC's Enforcement
       Bureau received a complaint from the Federal Aviation Administration
       ("FAA") regarding interference from an illegal broadcast station
       operating on 107.3 MHz in Bronx, New York, to authorized FAA
       frequencies.

    3. On October 29, 2009, a Commission agent, using a mobile
       direction-finding vehicle, monitored the frequency 107.3 MHz in Bronx,
       New York. The agent observed a radio station broadcasting on 107.3 MHz
       and determined that the station was operating from an apartment
       building located at 4643 Bronx Boulevard, Bronx, New York. The agent
       observed an FM broadcast antenna on top of the roof of the apartment
       building and a coaxial cable going from the antenna to a first floor
       window at the rear of the building. The agent 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. The agent searched
       Commission databases and found no evidence of a Commission
       authorization for this operation on 107.3 MHz in Bronx, New York. The
       agent attempted a station inspection, but no one answered the door.
       The agent spoke to a woman in the building who told the agent that Mr.
       Reid was the owner of the building and lived in the first floor
       apartment. The agent prepared a Hand-Delivered Notice of Unlicensed
       Radio Operation ("NOUO") and left it in Mr. Reid's mail box.

    4. On October 30, 2009, the New York Office sent, via regular mail and
       certified mail, return receipt requested, a NOUO addressed to Ronald
       Reid at 4643 Bronx Boulevard, Bronx, New York 10470. The NOUO warned
       Mr. Reid that operation of the unlicensed radio station on 107.3 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 Mr. Reid to terminate operation
       of the unlicensed station immediately and provided Ronald Reid ten
       days to reply.

    5. On October 31, 2009, in response to another complaint from the FAA, a
       Commission agent, using a mobile direction-finding vehicle, monitored
       the frequency 107.3 MHz in Bronx, New York. The agent observed a radio
       station broadcasting on 107.3 MHz and determined that the station was
       operating from an apartment building located at 4643 Bronx Boulevard,
       Bronx, New York 10470. The agent observed the same FM broadcast
       antenna on top of the roof of the apartment building and a coaxial
       cable going from the antenna to a first floor window at the rear of
       the building. The agent subsequently took field strength measurements
       and determined that the signals being broadcast again exceeded the
       limits for operation under Part 15 of the Commission's Rules and
       therefore required a license. The agent attempted a station
       inspection, but no one answered the door.

    6. On November 2, 2009, a Commission agent, using a mobile
       direction-finding vehicle, monitored the frequency 107.3 MHz in Bronx,
       New York. The agent observed a radio station broadcasting on 107.3 MHz
       and again determined that the station was operating from an apartment
       building at 4643 Bronx Boulevard, Bronx, New York 10470. The agent
       observed that the FM antenna that was previously on the roof had been
       moved to a window at the back of the building. This was the same
       window where the agent observed the coaxial cable entering the first
       floor apartment on October 29, 2009.

    7. Also on November 2, 2009, the agent again attempted an inspection and
       observed a male person in the first floor window. The agent knocked on
       the window and the person who answered the door identified himself as
       Ronald Reid. Mr. Reid stated to the agent that he owns the building
       and resides in the first floor apartment. Mr. Reid further stated that
       he operates the station on 107.3 MHz and showed the agent the
       hand-built transmitter that he made and programmed to operate on 107.3
       MHz. .Mr. Reid verbally confirmed to the agent that he received the
       October 31, 2009 NOUO and acknowledged such receipt by making a
       written notation and signing a copy of the NOUO provided by the agent.
       Mr. Reid claimed that the transmitter output power was less than 10
       watts and that he did not understand how it could be causing
       interference to FAA frequencies. At the request of the agent, Mr. Reid
       turned off the transmitter. Upon leaving the area, the agent confirmed
       that the station on 107.3 MHz was off the air.

   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 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 October 29, 2009, October 31, 2009, and
       November 2, 2009, an unlicensed broadcast station was broadcasting on
       107.3 MHz from 4643 Bronx Boulevard, Bronx, New York . During an
       interview with an FCC agent on November 2, 2009, Mr. Reid admitted to
       operating the radio station on frequency 107.3 MHz from his first
       floor apartment at 4643 Bronx Boulevard. We find that Mr. Reid is
       responsible for the unlicensed station operation on  107.3 MHz  at
       4643 Bronx Boulevard and that his actions amounted to willful and
       repeated violations of Section 301 of the Act.

   10. 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 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 Ronal Reid
       is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   11. 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, Ronald Reid 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.

   12. 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, Ronald Reid SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   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/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[s] 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.
       Reid  must send electronic notification on the date said payment is
       made to NER-Response@fcc.gov.

   14. 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.

   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 submitted.

   16. 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 Ronald Reid 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 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.

   Property records obtained by agents confirmed that Mr. Reid owns the
   building at 4643 Bronx Boulevard in Bronx, New York.

   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:301.

   (...continued from previous page)

   Federal Communications Commission

                                       4

   Federal Communications Commission