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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-09-TP-0014
Balthazard Senat ) NAL/Acct. No.: 201032700001
Orlando, Florida ) FRN: 0019597673
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 2, 2010
By the District Director, Tampa Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Balthazard Senat, apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on 91.3 MHz in Orlando,
Florida. We conclude, pursuant to Section 503(b) of the Act, that Mr.
Senat is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
2. In response to a complaint of an unlicensed radio station broadcasting
in Orlando, Florida, on March 3 and 4, 2009, agents from the
Enforcement Bureau's Tampa Office ("Tampa Office"), using direction
finding techniques, located the source of unidentified broadcast
transmissions on 91.3 MHz to an antenna mounted to a tree behind a
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. According to FCC records,
neither Mr. Senat, nor any other person or entity, holds an
authorization to broadcast on that frequency from that location. The
agents traced a coaxial cable from the antenna into the residence. On
both days, a male Disc Jockey ("DJ") on the air identified himself as
3. On March 6, 2009, agents from the Tampa Office, using direction
finding techniques, again located the source of the unlicensed
transmissions on 91.3 MHz to the same residence in Orlando, Florida.
The agents monitored 91.3 MHz and a male DJ on the air again
identified himself as DJ "Done-Done." The agents inspected the radio
station and found that Mr. Senat was the only male person in the house
when the station was on the air during the inspection. Both agents
recognized Mr. Senat's voice as the male voice they heard on the air
self-identified as DJ "Done-Done."
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) 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. On March 3, 4, and 6,
2009, agents from the Tampa Office observed an unlicensed radio
station operating on 91.3 MHz from a residence in Orlando, Florida. On
March 3, 4, and 6, the male unlicensed radio station operator
identified himself on the air as DJ "Done-Done." On March 6, 2009, at
the time of inspection, Mr. Senat was the only male present at the
unlicensed radio station while it was on the air. Two agents also
recognized Mr. Senat's voice as that of DJ "Done-Done." Based on the
evidence before us, we find Mr. Senat apparently willfully and
repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license on 91.3 MHz from a residence
in Orlando, Florida.
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 operating a radio station 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 of
the Rules, and the statutory factors to the instant case, we conclude
that Mr. Senat 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,
0.314 and 1.80 of the Commission's Rules, Balthazard Senat 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
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, Balthazard Senat 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 credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and the 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 Federal Reserve Bank of New York, and
account number 27000001. For payment by credit card, an FCC from 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. If you have
questions, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Mr.
Senat will send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
10. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
4010 W. Boy Scout Blvd., Suite 425, 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. 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 Balthazard Senat at his address of
FEDERAL COMMUNICATIONS COMMISSION
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. The measurements made on March 3 and 4, 2009 indicated that the
signal was 7,625 and 5,741 times, respectively, greater than the maximum
permissible level for a non-licensed Part 15 transmitter.
We note that on September 15, 2009, Mr. Senat pled no contedere, meaning
he did not contest the evidence against him, to the charge of unauthorized
or unlicensed radio transmission in the Circuit Court of Orange County,
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.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 301, 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
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Federal Communications Commission
Federal Communications Commission