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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                         )                              
                                                        
     In the Matter of    )   File Number: EB-06-TP-238  
                                                        
     Marcelus Magloire   )   NAL/Acct. No.200732700011  
                                                        
     Orlando, Florida    )              FRN:0016243958  
                                                        
                         )                              



                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released:  March 29, 2007 

   By the District Director, Tampa Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Marcelus Magloire, 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. Magloire is apparently liable for
       forfeiture in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On September 6, 2006, the Commission's Tampa Office of the Enforcement
       Bureau ("Tampa Office") began investigating an unauthorized broadcast
       station operating on 91.7 MHz in Tampa, Florida. A search of the
       Commission's databases revealed no authorization for a broadcast
       station on that frequency in that area.

    3. On September 7, 2006, agents from the Tampa Office monitored broadcast
       transmissions on 91.7 MHz in Orlando, Florida. The agents, using
       direction finding techniques, located the transmissions to a residence
       in Orlando, Florida ("First Residence"). 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.

   4. On October 18, 2006, agents from the Tampa Office monitored broadcast
   transmissions on 91.7 MHz in Orlando, Florida. The agents, using direction
   finding techniques, located the transmissions to Mr. Magloire's current
   residence in Orlando, Florida. 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.

   5. On October 27, 2006, agents from the Tampa Office interviewed Mr.
   Magloire. He admitted that he had been operating an unlicensed radio
   station from his current residence. He also confirmed that he started
   operating the unlicensed radio station about 2-3 months ago from First
   Residence. Mr. Magloire stopped broadcasting from his current residence,
   because his transmitting equipment had been stolen. Mr. Magloire reported
   the theft of the equipment to the police and stated that he had invested a
   large amount of money into the operation of the unlicensed station.

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

   7. 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. Agents from the Tampa Office determined that, on
   September 7, 2006 an unlicensed radio station operated on 91.7 MHz from
   First Residence in Orlando, Florida. Agents from the Tampa Office
   determined that, on October 18, 2006, an unlicensed station operated on
   91.7 MHz from Mr. Magloire's current residence in Orlando, Florida. Mr.
   Magloire admitted to operating the radio station for approximately 2-3
   months from First Residence and his current residence. Based on the
   evidence before us, we find Mr. Magloire apparently willfully and
   repeatedly violated Section 301 of the Act by operating radio transmission
   apparatus without a license.

   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. 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, and the statutory factors to the instant case, we conclude
   that Mr. Magloire 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 and 1.80
   of the Commission's Rules, Marcelus Magloire 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. 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, Marcelus Magloire 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/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.

   12. 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.

   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. 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.

   15.   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 Marcelus Magloire at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Field 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 September 7, 2006, the measurements indicated that the signals
   were 4,208 times greater than the maximum permissible level for a
   non-licensed Part 15 transmitter.

   On October 18, 2006, the measurements indicated that the signals were
   8,183 times greater 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."

   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)(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.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission