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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Recardo Millwood Bronx, New York ) ) ) ) ) ) File No:
EB-10-NY-0486 NAL/Acct. No: 201132380005 FRN: 0020635678
Adopted: February 22, 2013 Released: February 22, 2013
By the Regional Director, Northeast Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of four thousand dollars ($4,000) to Recardo Millwood for
willfully and repeatedly violating Section 301 of the Communications
Act of 1934, as amended (Act).^ The noted violations involved Mr.
Millwood's operation of an unlicensed radio transmitter on the
frequency 88.9 MHz in Bronx, New York.
2. On May 12, 2011, the Enforcement Bureau's New York Office issued a
Notice of Apparent Liability for Forfeiture (NAL) ^ ^ to Mr. Millwood
for operating an unlicensed radio station. In response to the NAL, Mr.
Millwood admits to, and apologizes for, the violations, but
nonetheless requests cancellation of the proposed $20,000 forfeiture
because of his inability to pay.^
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act,^ Section 1.80 of the Commission's
rules (Rules),^ and the Forfeiture Policy Statement.^ In examining Mr.
Millwood's response, Section 503(b)(2)(E) 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.^ As discussed below, we
have considered Mr. Millwood's response in light of these statutory
factors, and find that a reduction of the forfeiture is warranted
based solely on his inability to pay claim.
4. We affirm the NAL's finding that Mr. Millwood violated Section 301 of
the Act.^ 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.^ As reflected in the NAL, Mr. Millwood admitted
to operating an unlicensed radio station on the frequency 88.9 MHz
from 3870 White Plains Road in Bronx, New York, on October 6, 14, and
29, 2010, and on November 3, 2010.^ Because Mr. Millwood does not
dispute the factual findings in the NAL, we conclude that Mr. Millwood
willfully and repeatedly violated Section 301 of the Act by operating
radio transmission equipment without the required Commission
5. In response to the NAL, Mr. Millwood nonetheless requests cancellation
of the $20,000 forfeiture based on his inability to pay.^ With regard
to an individual or entity's inability to pay claim, the Commission
has determined that, in general, gross income or revenues are the best
indicator of an ability to pay a forfeiture.^ Based on the financial
documents provided by Mr. Millwood, we find sufficient basis to reduce
the forfeiture to $4,000.^ We deny, however, Mr. Millwood's request
for cancellation of the forfeiture because the reduced forfeiture
amount would not serve as a financial hardship in view of Mr.
Willwood's documented gross income. In addition, Mr. Millwood also has
not provided any other basis that would serve to justify cancellation
of the forfeiture. We caution Mr. Millwood that a party's inability to
pay is only one factor in our forfeiture calculation analysis, and is
not dispositive.^ We have previously rejected inability to pay claims
in cases of repeated or otherwise egregious violations.^ Therefore,
future violations of this kind may result in significantly higher
forfeitures that may not be reduced due to Mr. Millwood's financial
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Recardo
Millwood IS LIABLE FOR A MONETARY FORFEITURE in the amount of four
thousand dollars ($4,000) for violations of Section 301 of the Act.^
7. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within thirty (30) calendar days after the
release date of this Forfeiture Order.^ If the forfeiture is not paid
within the period specified, the case may be referred to the U.S.
Department of Justice for enforcement of the forfeiture pursuant to
Section 504(a) of the Act.^ Recardo Millwood shall send electronic
notification of payment to NER-Response@fcc.gov on the date said
payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.^ When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions you should follow based on the form of payment you
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
8. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer--Financial Operations, Federal Communications
Commission, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
20554.^ If you have questions regarding payment procedures, please
contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
or by e-mail, ARINQUIRIES@fcc.gov. 9. IT IS FURTHER ORDERED that a copy
of this Order shall be sent by both First Class and Certified Mail, Return
Receipt Requested, to Recardo Millwood at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
^ 47 U.S.C. S 301.
^ Recardo Millwood, Notice of Apparent Liability for Forfeiture, 26 FCC
Rcd 6774 (Enf. Bur. 2011). A comprehensive recitation of the facts and
history of this case can be found in the NAL and is incorporated herein by
^ Letter from Recardo Millwood to New York Office, Northeast Region,
Enforcement Bureau (June 10, 2011) (on file in EB-10-NY-0486) (NAL
^ 47 U.S.C. S 503(b).
^ 47 C.F.R. S 1.80.
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ See NAL, supra note 2.
^ 47 U.S.C. S 301.
^ See NAL, 26 FCC Rcd at 6776, para. 8.
^ See NAL Response, supra note 3.
^ See PJB Communications of Virginia, Inc., Forfeiture Order, 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., Forfeiture Order, 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, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
^ This forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See supra note 10.
^ See 47 U.S.C. S 503(b)(2)(E) (requiring the Commission to 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
^ Whisler Fleurinor, Forfeiture Order, DA 13-175 (Enf. Bur. rel. Feb. 8,
2013) (finding that violator's demonstrated inability to pay was
outweighed by repeated operation of an unlicensed radio station); Kevin W.
Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011) (holding that
violator's repeated acts of malicious and intentional interference
outweigh evidence concerning his ability to pay); Hodson Broadcasting
Corp., Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009) (holding that
permittee's continued operation at variance with its construction permit
constituted an intentional and continuous violation, which outweighed
permittee's evidence concerning its ability to pay the proposed
^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
^ 47 C.F.R. S 1.80.
^ 47 U.S.C. S 504(a).
^ An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
^ See 47 C.F.R. S 1.1914.
Federal Communications Commission DA 13-263
Federal Communications Commission DA 13-263