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


In the Matter of                        )         
                              )         
Rony Richard Louis            )                         File No.: 
EB-03-TP-441
600 W. Oak Ridge Road, Building 3       )         NAL/Acct. No. 
200432700010
Orlando, Florida 32809                  )         FRN 0010339414
                                             

                  MEMORANDUM OPINION AND ORDER

Adopted:  December 3, 2004              Released:   December   7, 
2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Memorandum Opinion and Order (``Order''), we 
               deny the petition for reconsideration filed on May 
               24, 2004, by Rony Richard Louis (``Mr. Louis'').  
               Mr. Louis seeks reconsideration of the Forfeiture 
               Order1 in which the Chief, Enforcement Bureau, 
               found him liable for a monetary forfeiture in the 
               amount of $10,000 for willful and repeated 
               violation of Section 301 of the Communications Act 
               of 1934, as amended (``Act''). The noted violation 
               involves Mr. Louis's operation of a radio station 
               on the frequency 89.5 MHz without Commission 
               authorization.  

     2.   On March 3, 2004, the District Director of the 
               Commission's Tampa, Florida Field Office (``Tampa 
               Office'') issued a Notice of Apparent Liability 
               for Forfeiture (``NAL'') in the amount of $10,000 
               to Mr. Louis.2  Mr. Louis did not file a response 
               to the NAL.  On May 17, 2004 the Chief, 
               Enforcement Bureau issued a no response Forfeiture 
               Order, affirming the $10,000 forfeiture proposed 
               in the NAL. 

II.  BACKGROUND

     3.   On November 4, 2003, two agents from the Commission's 
               Tampa, Florida Field Office ("Tampa Office") 
               working in the Orlando, Florida area observed an 
               FM radio station operating on the frequency 89.5 
               MHz. Using direction-finding equipment and 
               techniques, the agents determined that the station 
               was broadcasting from 600 W. Oak Ridge Road, 
               Building 3, Orlando, Florida 32809. The agents 
               took field strength measurements of the station's 
               signal and determined that it needed a license to 
               operate. The Commission's records showed that no 
               license had been issued for this operation. After 
               locating the station, the agents inspected the 
               station, which was operated by Mr. Rony Richard 
               Louis.  Mr. Louis received a verbal and a written 
               warning concerning the operation of the unlicensed 
               station and voluntarily surrendered the 
               transmitter to the agents.

     4.   On January 15, 2004, the same two agents from the Tampa 
               office drove to Orlando, Florida, and observed an 
               FM radio station operating on 89.5 MHz. The agents 
               determined that the station was broadcasting from 
               600 W. Oak Ridge Road, Building 3, Orlando, 
               Florida 32809, the same location identified in the 
               November 4, 2003 inspection. The agents took field 
               strength measurements of the station's signal and 
               determined that it needed a license to operate. 
               The Commission's records showed that no license 
               had been issued for this operation. A vehicle 
               registered to Mr. Louis was in front of the 
               building. The same vehicle that was present during 
               the prior inspection on November 4, 2003.  The 
               agents returned to the location on January 16, 
               2004.  They spoke to Mr. Louis, who denied having 
               any transmitter at that site. The agents noted 
               that the antenna was still on the premises, and 
               that the end of the cable from the antenna 
               structure entered the space occupied by Mr. Louis.  
               In addition, the owner of the building informed 
               the agents that Mr. Louis leased the premises in 
               Building 3.

     5.   On March 3, 2004, the Enforcement Bureau of the Tampa 
               office issued Mr. Louis a Notice of Apparent 
               Liability for Forfeiture (``NAL'') in the amount 
               of $10,000 for willful and repeated violation of 
               Section 301 of the Communications Act of 1934, as 
               amended.  Mr. Louis did not file a response to the 
               NAL.  The Chief of the Enforcement Bureau issued a 
               No Response Forfeiture Order on May 17, 2004, 
               affirming the forfeiture proposed by the NAL. On 
               May 24, 2004, Mr. Louis filed a petition for 
               reconsideration of the Forfeiture Order.  Mr. 
               Louis does not dispute that he violated Section 
               301 of the Act but requests dismissal of the 
               forfeiture with prejudice.  Mr. Louis admits that 
               he operated the radio station without Commission 
               authorization at the time of the first inspection, 
               but claims that he was not operating the station 
               at the time of the second inspection.  In 
               conclusion, he stated ``I promise you that this 
               kind of behavior will never take place anymore.''

III.      DISCUSSION

     6.   The forfeiture amount in this case has been assessed in 
               accordance with Section 503(b) of the 
               Communications Act of 1934, as amended (``Act''),3 
               Section 1.80 of the Rules,4 and The Commission's 
               Forfeiture Policy Statement and Amendment of 
               Section 1.80 of the Rules to Incorporate the 
               Forfeiture Guidelines,5 (``Policy Statement'').  
               Section 503(b) of the Act requires that the 
               Commission, in examining Mr. Louis' petition 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 such other 
               matters as justice may require.6

     7.   In his petition for reconsideration Mr. Louis promises 
               to discontinue operation of the radio station 
               without authorization.  We note that Mr. Louis was 
               warned orally and in writing in November, 2003 to 
               discontinue operation of the radio station without 
               authorization, yet despite these warnings, he 
               resumed operation of the radio station without 
               Commission authorization in January, 2004.  While 
               Mr. Louis appears to deny that he was responsible 
               for the operation of the unlicensed station at the 
               time of the second inspection, the circumstances 
               belie his denial.  In any event, the admitted 
               violation at the time of the first inspection is 
               sufficient alone to justify the forfeiture.  
               Moreover, we find that Mr. Louis's promise to 
               discontinue operation of a radio station without 
               Commission authorization does not provide a basis 
               for reduction or cancellation of the forfeiture.7





     IV.      ORDERING CLAUSES

     8.        Accordingly, IT IS ORDERED that, pursuant to 
               Section 405 of the Act8 and Section 1.106 of the 
               Rules,9 Mr. Louis's petition for reconsideration 
               of the May 17, 2004, Forfeiture Order IS DENIED.

     9.        IT IS FURTHER ORDERED that, pursuant to Section 
               503(b) of the Act,10 and Sections 0.111, 0.311 and 
               1.80(f)(4) of the Commission's Rules (``Rules),11 
               Mr. Rony Richard Louis IS LIABLE FOR A MONETARY 
               FORFEITURE in the amount of $10,000 for willfully 
               and repeatedly violating Section 301 of the Act. 

     10.       Payment of the forfeiture shall be made in the 
               manner provided for in Section 1.80 of the Rules 
               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.12 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 Forfeiture Collection Section, Finance 
               Branch, Federal Communications Commission, P.O. 
               Box 73482, Chicago, Illinois 60673-7482.  Payment 
               by overnight mail may be sent to Bank One/LB 
               73482, 525 West Monroe, 8th Floor Mailroom, 
               Chicago, IL 60661.   Payment by wire transfer may 
               be made to ABA Number 071000013, receiving bank 
               Bank One, and account number 1165259.   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. 20554.13   

     11.  IT IS FURTHER ORDERED THAT this Order shall be sent by 
               regular mail and by certified mail, return receipt 
               requested, to Mr. Rony Richard Louis, 600 West Oak 
               Ridge Road., Building 3, Orlando, Florida 32809.

                            FEDERAL COMMUNICATIONS COMMISSION




                            David H. Solomon
                            Chief, Enforcement Bureau
_________________________

1See Rony Richard Louis, 9 FCC Rcd 8917 (Enf. Bur. 2004).

2Notice of  Apparent  Liability  for  Forfeiture,  NAL/Acct.  No. 
200432700010 (Enf. Bur., Tampa,  Florida  Office, released  March 
3, 2004).

347 U.S.C.  503(b).

447 C.F.R.  1.80.

512 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

647 U.S.C.  503(b)(2)(D).

7See, e.g., Seawest Yacht Brokers,  9 FCC Rcd 6099, 6099  (1994); 
Callais Cablevision, Inc., 17 FCC Rcd 22626, 22629 (2002);  Radio 
Station KGVL,  Inc., 42  FCC 2d  258, 259  (1973); and  Executive 
Broadcasting Corp., 3 FCC 2d 699, 700 (1966).

847 U.S.C.  405.

947 C.F.R.  1.106.

1047 U.S.C.  503(b).

1147 C.F.R.  0.111, 0.311, 1.80(f)(4).

1247 U.S.C.  504(a).

13See 47 C.F.R.  1.1914.