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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                 )    File No. EB-01-NY-490
                                )
Rev. Yvon Louis                  )    NAL/Acct. No. 200232380002
Brooklyn, NY                     )
                                )    FRN 0006-2631-72


                        FORFEITURE ORDER

   Adopted:  August 1, 2003             Released:  August 5, 2003

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) to Rev.  Yvon Louis  (``Rev. Louis'')  for willful  and 
repeated violation of  Section 301 of  the Communications Act  of 
1934, as amended, (``Act'').1  The noted violation involves  Rev. 
Louis's  operation  of   an  unlicensed   radio  transmitter   on 
frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz.  

     2.   On  July  23,  2002,  the  District  Director  of   the 
Commission's  New  York,  New  York  Field  Office  (``New   York 
Office'') issued a  Notice of Apparent  Liability for  Forfeiture 
(``NAL'') in the amount  of $10,000 to  Rev. Louis.2  Rev.  Louis 
filed a response to the NAL on July 30, 2002.  

                         II.  BACKGROUND

     3.   On  November   16,   2001,  in   connection   with   an 
investigation  of  the  operation  of  unlicensed  FM   broadcast 
stations in Brooklyn, New York,  agents from the New York  Office 
observed unauthorized radio broadcast on 93.7 MHz, and positively 
identified the source  of the unauthorized  transmissions to  the 
Calvary Tabernacle,  Inc.,  a  church located  at  1653  Nostrand 
Avenue, Brooklyn, New York,  11226.  There was  no evidence of  a 
Commission authorization  for  this operation  in  Brooklyn,  New 
York.

     4.   On November 17, 2001, Commission agents again  observed 
unauthorized  radio  broadcast  on   93.7  MHz,  and   positively 
identified the source  of the unauthorized  transmissions to  the 
Calvary Tabernacle,  Inc., 1653  Nostrand Avenue,  Brooklyn,  New 
York, 11226.  The agents requested  and were given permission  by 
the church's pastor,  Rev. Louis, to  inspect Calvary  Tabernacle 
Inc.'s radio station and studio equipment.  While performing  the 
inspection, the agents  hand delivered a  Warning Letter to  Rev. 
Louis for the operation of  the unlicensed station.  The  Warning 
Letter warned Rev. Louis that  operation of the unlicensed  radio 
station on  93.7  MHz violated  47  U.S.C.   301,  outlined  the 
potential penalties for  the unlicensed  operation, and  directed 
Rev. Louis to take steps  to terminate the unlicensed  operation.  
On November 23,  2001, the New  York Office also  sent a  Warning 
Letter regarding the unlicensed operation to Rev. Louis.

     5.   On December 5,  2001, the  New York  Office received  a 
letter from  Rev.  Louis in  which  Rev. Louis  acknowledged  and 
confirmed the  operation  of a  radio  station at  1653  Nostrand 
Avenue,  Brooklyn,  New  York  11226.   On  December  14,   2001, 
Commission agents  observed  radio  broadcast on  88.1  MHz,  and 
positively   identified   the   source   of   the    unauthorized 
transmissions to  the  Calvary Tabernacle,  Inc.,  1653  Nostrand 
Avenue, Brooklyn, New York,  11226.  There was  no evidence of  a 
Commission authorization  for  this operation  in  Brooklyn,  New 
York.

     6.   On December 17, 2001,  Commission agents requested  and 
were given  permission to  inspect the  Calvary Tabernacle,  Inc. 
radio station by  Rev. Louis.   In response to  questions by  the 
agents, Rev. Louis told the  agents that he operated the  station 
on weekends,  first on  93.7 MHz,  and later  on 88.1  MHz.   The 
agents noted that  Rev. Louis had  a copy of  the Warning  Letter 
dated November  23,  2001,  in his  possession.   On  January  4, 
January 5, January  11, and January  18, 2002, Commission  agents 
again observed  radio  broadcast  on  88.1  MHz,  and  positively 
identified the source  of the unauthorized  transmissions to  the 
Calvary Tabernacle,  Inc., 1653  Nostrand Avenue,  Brooklyn,  New 
York, 11226.  The  measurements taken on  January 5, and  January 
18, 2002   exceeded the  field strength  limits for  non-licensed 
low-power  Part  15  transmitters   by  2,479  and  3,391   times 
respectively.

     7.   On January 18, 2002,  Commission agents again  observed 
radio broadcast on 88.1 MHz, and positively identified the source 
of the  unauthorized  transmissions to  the  Calvary  Tabernacle, 
Inc., 1653  Nostrand  Avenue,  Brooklyn, New  York,  11226.   The 
agents conducted a  station inspection and  determined that  Rev. 
Louis was the person operating the station. 

     8.   On January  22, 2002  the New  York Office  received  a 
letter from  Rev.  Louis  in  which he  stated  that  during  the 
December  17,  2001  inspection  the  agents  found  a  one  watt 
transmitter and informed him that the unlicensed operation of the 
transmitter violated Section 301 of the Act.  Rev. Louis  further 
states that  the agents  told him  he could  operate a  low-power 
transmitter under Part 15  of the Rules.3   Based on the  agents' 
statements, Rev. Louis  asserts that  he exchanged  the one  watt 
transmitter for  one that  complied with  Part 15  of the  Rules.  
Rev. Louis claims that the transmitter inspected by the agents on 
January 18, 2002 was the new Part 15 compliant transmitter.

     9.    On January 27, 2002, a Commission agent observed radio 
broadcast on 90.1  MHz, and positively  identified the source  of 
the unauthorized transmissions to Calvary Tabernacle, Inc.,  1653 
Nostrand  Avenue,  Brooklyn,  New  York,  11226.   There  was  no 
evidence of  a Commission  authorization  for this  operation  in 
Brooklyn, New York.

     10.  On June  22,  2002, Commission  agents  again  observed 
radio broadcast on 88.1 MHz, and positively identified the source 
of the  unauthorized  transmissions to  the  Calvary  Tabernacle, 
Inc., 1653  Nostrand  Avenue,  Brooklyn, New  York,  11226.   The 
agents made field strength measurements of the station's  signal.  
The agents' measurements indicated that the field strength of the 
signal exceeded  the permissible  level for  a non-licensed  low-
power transmitter by 847 times.   The agents conducted a  station 
inspection  and  determined  that  Rev.  Louis  was  the   person 
responsible for the station operation.  

     11.  On July 23, 2002, the New  York Office issued a NAL  in 
the amount of $10,000 to  Rev. Louis for operating an  unlicensed 
radio transmitter on frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz 
in willful and repeated violation of Section 301 of the Act.   In 
his response to the NAL, Rev. Louis requests cancellation of  the 
forfeiture, and enclosed copies of  letters he sent the New  York 
Office which were received  on December 5,  2001 and January  22, 
2002.  Rev. Louis argues  that he allowed  a Commission agent  to 
inspect the church on November 16, 2001, and that the  Commission 
agent did not  find a transmitter  during that inspection.   Rev. 
Louis  alleges  that   he  thereafter  replaced   the  one   watt 
transmitter with a Part 15  transmitter, after being informed  by 
the agent  that  its  operation  would  be  permitted  without  a 
license, and that  during a  subsequent inspection,  only a  non-
operating Part 15  transmitter was observed  by the agent.   Rev. 
Louis  concludes  that  the  Commission  never  found  a   ``good 
functioning radio transmitter''  at the church,  and that he  did 
not violate Section 301 of the Act.

                         III.   DISCUSSION

     12.  The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended, (``Act''),4 Section 1.80 of the  Rules,5 
and The Commission's Forfeiture Policy Statement and Amendment of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines, 12 FCC Rcd  17087 (1997), recon.  denied, 15 FCC  Rcd 
303 (1999).  In examining  Rev. Louis's response, Section  503(b) 
of the Act  requires that  the Commission take  into account  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.6

     13.  Section  301  of  the  Act  prohibits  radio  operation 
``except under and in accordance with this Act and with a license 
in that behalf granted under the provisions of this Act.''7  Rev. 
Louis does  not  dispute  that  he  operated  radio  transmitting 
equipment at 1653 Nostrand Avenue, Brooklyn, New York 11226  from 
November 2001 through January 2002, without a Commission  license 
or authorization; however, Rev. Louis argues that his  operations 
are permitted under Part 15 of the Rules because he exchanged his 
one watt transmitter  for a Part  15 compliant transmitter  after 
the  December  17,  2001  inspection.   We  reject  Rev.  Louis's 
argument that no operable  transmitting equipment was located  at 
1653 Nostrand  Avenue, Brooklyn,  New York  11226, and  that  his 
transmissions complied  with  Part  15 of  the  Rules  after  the 
December 17,  2001 inspection.   We note  that Commission  agents 
located an operable signal at the location on numerous  occasions 
and detected a  measurable field  strength signal  on January  5, 
2002, January  18,  2002  and  June 22,  2002.   From  the  field 
strength measurements  taken,  the  agents  determined  that  the 
signals exceeded the permissible level for a non-licensed Part 15 
transmitter by 2,479, 3,391, and 847 times respectively.   Hence, 
we  conclude   that   Rev.  Louis'   unlicensed   operation   was 
unauthorized and is therefore a repeated violation of Section 301 
of the Act.8 

     14.  We further  conclude that  this repeated  violation  of 
Section 301 of  the Act is  also a willful  violation within  the 
meaning of  the  Act  inasmuch  as  Rev.  Louis  admits  that  he 
continually operated the station  without a license.9   Moreover, 
he did so despite repeated warnings from FCC staff.  In light  of 
the foregoing,  we decline  to cancel  or reduce  the  forfeiture 
amount.


                       IV.  ORDERING CLAUSE 

     15.  ACCORDINGLY, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Rules,11 Rev. Yvon Louis IS LIABLE FOR A MONETARY  FORFEITURE 
in the amount of ten thousand dollars ($10,000) for operating  an 
unlicensed radio transmitter in willful and repeated violation of 
Section 301 of the Act.  

     16.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules12 within 30 days of the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection pursuant to  Section 504(a) of the  Act.13 
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago, Illinois 60673-7482.  The payment should note the 
NAL/Acct. No. 200232380002 and FRN 0006-2631-72 referenced above.  
Requests for full  payment under  an installment  plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.14

     17.  IT IS FURTHER ORDERED THAT  a copy of this Order  shall 
be sent by first  class mail and  certified mail, return  receipt 
requested, to Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn, NY 
11226.


                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 47 U.S.C.  301.
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200232380002 (Enf.  Bur.,  New  York Office,  released  July  23, 
2002).
3 47  C.F.R.   15.1 et  seq. permits  the use  of certain  non-
licensed low-power transmitters.
4 47 U.S.C.  503(b).
5 47 C.F.R.  1.80.
6 47 U.S.C.  503(b)(2)(D).
7 47 U.S.C.  301.
8 Section  312(f)(2)  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.  312(f)(2).
9 Section  312(f)(1)  of  the  Act  provides  that  ``[t]he  term 
`willful,' ... 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....''   47  U.S.C.    312(f)(1).   This 
definition  also  applies  to   Section  503(b).   See   Southern 
California Broadcasting Co., 6 FCC Rcd 4387 (1991).
10 47 U.S.C.  503(b).
11 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
12 47 C.F.R.  1.80.
13 47 U.S.C.  504(a).
14 See 47 C.F.R.  1.1914.