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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                              )                               
                                                              
                              )                               
                                                              
     In the Matter of         )   File Number: EB-09-NY-0234  
                                                              
     Marixsa Rolon            )   NAL/Acct. No: 201032380006  
                                                              
     Plainfield, New Jersey   )              FRN: 0019205715  
                                                              
                              )                               
                                                              
                              )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                             January 20, 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 Marixsa Rolon apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       providing services and facilities incidental to the operation of an
       unlicensed radio transmitter on the frequencies  90.1 MHz and 96.7 MHz
       in Plainfield, New Jersey. We conclude, pursuant to Section 503(b) of
       the Communications Act of 1934, as amended ("Act"), that Marixsa Rolon
       is apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. On July 29, 2009, the New York Office of the FCC's Enforcement Bureau
       received a complaint from a media consultant in North Plainfield, New
       Jersey, regarding interference to licensed adjacent channel radio
       stations from illegal broadcast stations operating on 90.1 MHz and
       96.7 MHz in North Plainfield, New Jersey.

    3. On August 2 and August 3, 2009, agents from the Commission's New York
       Field Office, using a mobile direction finding vehicle, monitored the
       frequency 90.1 MHz and 96.7 MHz in Plainfield, New Jersey. The agents
       observed a radio broadcast on 90.1 MHz and 96.7 MHz and identified the
       source of the transmissions as FM broadcasting antennas on the roof of
       217 East 7th Avenue, Plainfield, New Jersey. 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. An agent searched
       Commission databases and found no evidence of a Commission
       authorization for operation on 90.1 MHz or 96.7 MHz at this location 
       in Plainfield, New Jersey.

    4. On August 4, 2009, agents from the Commission's New York Field Office,
       using a mobile direction finding vehicle, monitored the frequencies
       90.1 MHz and 96.7 MHz in Plainfield, New Jersey. This time, the agents
       observed a radio broadcast on 90.1 MHz only and identified the source
       of the transmissions as one of two FM broadcasting antennas on the
       roof of 217 East 7th Avenue. The agents  again took field strength
       measurements and determined that the signals being broadcast still
       exceeded the limits for operation under Part 15 of the Rules and
       therefore required a license.

    5. On the same day, after completing the field strength measurements,
       Commission agents returned to 217 East 7th Avenue and met with the
       building superintendent and the building owner. The superintendent
       accompanied the agents to the roof, where they observed the two FM
       broadcasting antennas and a coaxial cable running from the antennas
       into one of the apartments. The superintendent advised the agents that
       the antenna coaxial cable was going into apartment # 48, but he was
       not certain who leased apartment #48. The agents subsequently obtained
       from the building's management company a copy of the lease agreement
       for apartment #48, which identified Ms. Rolon as the tenant.

    6. On August 11, 2009, the New York Office issued Notices of Unlicensed
       Operation ("NOUO") by First Class and Certified Mail Return Receipt
       Requested to Ms. Rolon at 217 East 7th Avenue, Apartment # 48 and at
       1335 Putnam Avenue, Plainfield, New Jersey 07060. The New York Office
       did not receive a reply to the Notices of Unlicensed Operation.

    7. On  September 29, 2009, the New York Office sent a Letter of Inquiry
       ("LOI"), First Class and Certified Mail, to Ms. Rolon at 1335 Putnam
       Avenue to determine ownership of the unlicensed radio station.
       Although the certified mail receipt received by the New York Office
       indicated that the LOI was successfully delivered on October 1, 2009,
       a reply to the Letter of Inquiry was never received.

   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.
       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 thing the receipt, forwarding, and delivery
       of communications) incidental to such transmission." Agents determined
       that, on August 2, 3 and 4, 2009, unlicensed broadcast stations were
       operating from apartment # 48 at 217 East 7th Avenue, Plainfield, New
       Jersey. A lease agreement obtained from the building management
       company confirmed that Marixsa Rolon is the lessee of apartment # 48.
       We have 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. We find
       that Marixsa Rolon is responsible for the unlicensed station
       operations on  90.1 MHz and 96.7 MHz at 217 East 7th Avenue,
       Plainfield, New Jersey and that her actions amounted to willful and
       repeated violations of Section 301 of the Act on August 2, 3 and 4,
       2009.

   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 Marixsa
       Rolon 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, Marixsa Rolon 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, Marixsa Rolon 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, Ms.
       Rolon 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 Marixsa Rolon 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 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.

   A NOUO was sent to Ms. Rolon at 1335 Putnam Avenue because the management
   company that provided the agents with the lease agreement for apartment
   #48 also showed agents a copy of Ms. Rolon's driver's license, which
   identified her address as 1335 Putnam Avenue, Plainfield, NJ, 07060.

   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: 153(33).

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

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80. We note that, while we could have proposed the base forfeiture
   amount of $10,000 for each of the unlicensed frequencies, we believe that
   the circumstances presented here do not warrant a $20,000 forfeiture.

   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