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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-06-TP-336
Roubens Maignan ) NAL/Acct. No. 200832700007
Port St. Lucie, Florida ) FRN: 0017228925
Adopted: April 2, 2008 Released: April 4, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of one thousand five hundred dollars ($1,500) to Roubens
Maignan for willful and repeated violation of Section 301 of the
Communications Act of 1934, as amended ("Act"). The noted violations
involve Mr. Maignan's operation of an unlicensed radio transmitter.
2. In response to a complaint of unauthorized broadcast station in the
Port St. Lucie, Florida area, on January 22 and 24, 2007, agents from
the Commission's Tampa Office of the Enforcement Bureau ("Tampa
Office") monitored broadcast transmissions on 106.1 MHz in Port St.
Lucie, Florida. The agents, using direction finding techniques,
located the transmissions to an antenna mounted on a house in Port St.
Lucie, Florida. A search of the St. Lucie County Property Appraiser
records confirmed that the property is owned by Mr. Maignan. 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. A search of the Commission's databases revealed no
authorization for a broadcast station on that frequency at that
3. On January 24, 2007, after determining that transmissions were
emanating from Mr. Maignan's house, agents from the Tampa Office, in a
joint investigation with the Port St. Lucie Police Department, and
accompanied by Mr. Maignan, inspected the premises. The agents
observed a coaxial cable from the antenna enter a room located in the
northeast side of his house through the attic. The coaxial cable was
connected to station transmitter equipment. On January 24, 2007, Mr.
Maignan admitted to an Officer of the Port St. Lucie Police Department
and to the agents from the Tampa Office that he personally purchased
and set up the radio station equipment without obtaining a license
from the Commission.
4. On January 9, 2008, the Tampa Office issued a Notice of Apparent
Liability for Forfeiture to Mr. Maignan in the amount of ten thousand
dollars ($10,000), for the apparent willful and repeated violation of
Section 301 of the Act. Mr. Maignan submitted a response to the NAL
requesting a reduction or cancellation of the proposed forfeiture.
5. The proposed forfeiture amounts in this case was assessed in
accordance with Section 503(b) of the Communications Act of 1934, as
amended ("Act"), Section 1.80 of the Rules, 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) ("Forfeiture Policy Statement").
In examining Mr. Maignan'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
6. 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. In particular, Section 301
states that "[n]o person shall use or operate any apparatus for the
transmission of energy or communications or signals by radio (a) from
one place in any State, Territory, or possession of the United States
or in the District of Columbia to another place in the same State,
Territory, possession, or District; . . . except under and in
accordance with this chapter and with a license in that behalf granted
under the provisions of this chapter." Agents from the Tampa Office
determined that, on January 22 and 24, 2007, an unlicensed radio
station operated on 106.1 MHz from Mr. Maignan's residence in Port St.
Lucie, Florida. Mr. Maignan admitted that he purchased and set up the
radio station equipment without a license from the Commission. Based
on the evidence before us, we find Mr. Maignan willfully and
repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license.
7. Mr. Maignan's response to the NAL does not dispute the violation, but
he asserts he did not know that his actions violated the rules or the
Act. Although he may have been unaware that his actions were illegal,
for a violation to be willful, the violator need not intend to violate
the rules and need only consciously and deliberately perform actions
that violate the rules. Mr. Maignan admits that he consciously
operated his radio transmitter on more than one day. Thus, we find no
grounds to cancel the forfeiture.
8. Finally, Mr. Maignan states that payment of the forfeiture would pose
an undue financial hardship to his family. The Commission has
determined that, in general, an entity's gross revenues are the best
indicator of its ability to pay a forfeiture. After examining the
financial documentation submitted by Mr. Maignan, we agree and reduce
the forfeiture to $1,500 based on his demonstrated inability to pay.
9. We have examined Mr. Maignan's response to the NAL pursuant to the
statutory factors above, and in conjunction with the Forfeiture Policy
Statement. As a result of our review, we conclude that a reduction of
the proposed forfeiture to $1,500 is warranted, based on demonstrated
inability to pay.
IV. ORDERING CLAUSES
10. 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(f)(4) of the Commission's Rules, Roubens Maignan IS LIABLE FOR A
MONETARY FORFEITURE in the amount of one thousand five hundred dollars
($1,500) for violation of Section 301 of the Act.
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/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.
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class and Certified Mail Return Receipt Requested to Roubens Maignan
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
47 U.S.C. S: 301.
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 January 22 and 24, 2007, the measurements indicated that the
signals were 3,657 and 4,771 times greater, respectively, than the maximum
permissible level for a non-licensed Part 15 transmitter.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700007
(Enf. Bur., Tampa Office, January 9, 2008) ("NAL").
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 301.
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."
See supra note 8.
See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992)
(forfeiture not deemed excessive where it represented approximately 2.02
percent of the violator's gross revenues); Local Long Distance, Inc., 16
FCC Rcd 24385 (2000) (forfeiture not deemed excessive where it represented
approximately 7.9 percent of the violator's gross revenues); Hoosier
Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed
excessive where it represented approximately 7.6 percent of the violator's
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S:S: 0.111, 0.311, 1.80(f)(4).
Federal Communications Commission DA 08-792
Federal Communications Commission DA 08-792