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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No: EB-10-NY-0486
Recardo Millwood ) NAL/Acct. No: 201132380005
Bronx, New York ) FRN: 0020635678
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 12, 2011 Released: May 12, 2011
By the District Director, New York Office, Northeast Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Recardo Millwood ("Mr. Millwood"), apparently willfully and
repeatedly violated section 301 of the Communications Act of 1934, as
amended ("Act"), by operating an unlicensed radio transmitter on the
frequency 88.9 MHz in Bronx, New York. We conclude that Mr. Millwood
is apparently liable for a forfeiture in the amount of twenty thousand
2. On October 6, 2010, agents from the Enforcement Bureau's New York
Office ("New York Office") responded to a complaint regarding an
apparent unlicensed broadcast station operating on the frequency 88.9
MHz in Bronx, New York. Using mobile direction-finding techniques,
agents monitored the frequency 88.9 MHz in Bronx, New York, and
determined that the source of the transmissions was a radio station
operating with a transmitter located in the building at 3870 White
Plains Road and an antenna located on the roof of an adjacent
building. Commission records showed no authorization issued to Mr.
Millwood or to anyone for operation of a radio station at or near this
address on this frequency.
3. While standing outside the building at 3870 White Plains Road on
October 6, 2010, agents were approached by a man who identified
himself as Recardo Millwood. Mr. Millwood stated that he is the owner
and operator of the radio station that identifies as "Sela Radio" and
allowed the agents to inspect the transmitter and studio. During the
inspection, the agents verbally warned Mr. Millwood about the
penalties for operation of an unlicensed radio station. On October 7,
2010, the New York Office followed up with a written warning to Mr.
Millwood reiterating the penalties for operating an unlicensed radio
station and directing him to cease operations of the unlicensed radio
4. On October 14, 2010, agents from the New York Office used mobile
direction-finding techniques to monitor the frequency 88.9 MHz in
Bronx, New York, and again determined the source of the transmissions
to be a radio station identifying as "Sela Radio" and operating from
3870 White Plains Road. The agents also 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 review of the
Commission's records revealed no Commission authorization for
operation of a radio station on 88.9 MHz at or near this location in
Bronx, New York.
5. On October 15, 2010, an agent from the New York Office returned to the
building at 3870 White Plains Road to conduct another station
inspection. The agent was met by the station's operator, who reported
that the station was operating only via the Internet, which was
consistent with the agent's findings that the station was off the air
at the time. The station operator contacted Mr. Millwood by phone and
the agent spoke to Mr. Millwood, who again identified himself as the
station owner. The agent again verbally warned Mr. Millwood that a
license was required for over-the-air operation of the station and
reminded him of the potential penalties for such a violation.
6. On October 29, 2010, and November 3, 2010, agents from the New York
Office again used mobile direction-finding techniques to monitor the
frequency 88.9 MHz in Bronx, New York, and determined the source of
the transmissions to be a radio station identifying as "Sela Radio"
and operating from 3870 White Plains Road. The agents also took field
strength measurements and determined that the signals being broadcast
exceeded the limits for operation under Part 15 of the Rules and
therefore required a license. A review of the Commission's records
revealed no Commission authorization for operation of a radio station
on 88.9 MHz at or near this location in Bronx, New York.
7. 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. Section 312(f)(1) of the Act defines willful as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to section 312(f)(1) of the Act clarifies that this definition
of willful applies to both section 312 and 503(b) of the Act and the
Commission has so interpreted the term in the section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful. The term "repeated" means the
commission or omission of such act more than once or for more than one
8. 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.
Agents determined that an unlicensed radio station operated on 88.9
MHz from 3870 White Plains Road on October 6, 14, and 29, 2010, and
November 3, 2010. During an interview with agents on October 6, 2010,
Mr. Millwood admitted to owning and operating the radio station at
this location. Because Mr. Millwood operated the station consciously,
we find that the apparent violation was willful. Because the operation
occurred on more than one day, we find the apparent violation was
repeated. Based on the evidence before us, we find that Mr. Millwood
apparently willfully and repeatedly violated section 301 of the Act by
operating radio transmission equipment without the required Commission
9. Pursuant to the Commission's 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, any history
of prior offenses, ability to pay, and other such matters as justice
may require. We find that Mr. Millwood's continued operation of an
unlicensed radio station on several different occasions after notice
that such activity violated the Act and the Rules demonstrates a
deliberate disregard for the Commission's requirements. Thus, we find
that an upward adjustment in the forfeiture amount of $10,000 is
warranted. Applying the Forfeiture Policy Statement, section 1.80,
and the statutory factors to the instant case, we conclude that Mr.
Millwood is apparently liable for a forfeiture in the amount of
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Act, and sections 0.111, 0.311, 0.314, and 1.80 of the Rules, Recardo
Millwood is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of twenty thousand dollars ($20,000) for
violations of section 301 of the Act.
11. 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, Recardo Millwood
SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the proposed
12. 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 NAL/Account Number and FRN
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. Recardo Millwood shall
also send electronic notification on the date said payment is made to
13. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. The written statement, 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. The statement should also be emailed to
14. 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.
15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Recardo Millwood at his address of
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
New York Office
47 U.S.C. S: 301.
See Recardo Millwood, Notice of Unlicensed Operation (Enf. Bur., New York
Office, rel. October 7, 2010).
Part 15 of the Rules sets out the conditions and technical requirements
under which certain radio transmission devices may be used without a
license. In relevant part, 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.
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503).... As defined ... `willful' means that the licensee
knew that he was doing the act in question, regardless of whether there
was an intent to violate the law. `Repeated' means more than once, or
where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms ...").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
California Broadcasting Co."), recon. denied, 7 FCC Rcd 3454 (1992).
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362 P: 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
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: 301.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
See 47 C.F.R. S: 1.80(b)(4). See also Marckenson Bazile, Notice of
Apparent Liability for Forfeiture, 26 FCC Rcd 4928 (Enf. Bur. 2011)
(upwardly adjusted by $10,000 because violator operated an unlicensed
radio station on multiple days at two different locations after notice
that such action violated the rules); Nounoune Lubin, Notice of Apparent
Liability for Forfeiture, 25 FCC Rcd 12654 (Enf. Bur. 2010) (upwardly
adjusted by $10,000 because violator operated an unlicensed radio station
on multiple days after notice that such action violated the rules).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission DA 11-860
Federal Communications Commission DA 11-860