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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Romayne Davis Oakland Park, Florida ) ) ) ) ) ) File No.:
EB-FIELDSCR-12-00002931 NAL/Acct. No.: 201332600005 FRN: 0022583249
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: April 5, 2013 Released: April 5, 2013
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
that Romayne Davis 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 89.5 MHz in
Oakland Park, Florida. We conclude that Mr. Davis is apparently liable
for a forfeiture in the amount of ten thousand dollars ($10,000).
2. In response to a complaint received on June 21, 2012, agents from the
Enforcement Bureau's Miami Office (Miami Office) used
direction-finding techniques to locate the source of radio frequency
transmissions on the frequency 89.5 MHz and, on three separate
occasions (i.e., June 22, July 11, and July 12, 2012), traced the
source to an FM transmitting antenna located at a commercial property
in Oakland Park, Florida. On June 22, 2012, the agents heard the
unlicensed station conducting a live broadcast, during which the disc
jockey (DJ) identified the station alternately as "Joker Boy E-N-T"
and "Jungle Boy E-N-T," and announced the station's phone number. On
July 11, 2012, the agents took signal strength measurements of the
station's signal and determined that the signals on 89.5 MHz exceeded
the limits for operation under Part 15 of the Commission's rules
(Rules),^ and therefore required a license. The agents checked the
Commission's records and confirmed that, in fact, no authorization was
issued to Mr. Davis or to anyone else for operation of an FM broadcast
station at or near the Oakland Park commercial property. On July 12,
2012, the agents inspected the unlicensed radio station and found an
FM transmitter connected to the externally mounted antenna via coaxial
cable, which confirmed the ability of the station to broadcast.
3. As part of the investigation, agents from the Miami Office also
obtained a copy of the lease agreement for the Oakland Park commercial
property housing the unlicensed radio station. The lease agreement was
signed by a "Rome Davis," but it appears that "Rome" is just a short
name or alternate first name used by Romayne Davis. Indeed, various
information confirm that Rome Davis and Romayne Davis are one and the
same individual--e.g., the birth date listed on the lease agreement
for Rome Davis matches the birth date for Romayne Davis in official
public records; ^ ^ and photographs of Rome Davis and Romayne Davis
posted on an internet site show the same man.^ The agents also found
that the lease agreement contained information connecting Mr. Davis to
the station. In this respect, Mr. Davis listed his e-mail address on
the agreement as "jokerboyentertainment@[redacted]," which is the same
name that the agents heard during the station's broadcast on June
22,2012. In addition, the agents found several webpages connecting Mr.
Davis directly to "Jungle Boy ENT," "Joker Boy ENT," 89.5 MHz, and the
telephone number that was broadcast on June 22, 2012.^ Finally, the
Florida Department of State's Division of Corporations has public
records that list Mr. Davis as the registered agent and managing
member for a business called "Joker Boy Entertainment, LLC."^
4. 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 Sections 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
A. Unlicensed Broadcast Operations
5. 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.^
For the purposes of Section 301, the word "operate" has been
interpreted to mean both the technical operation of the station, as
well as "the general conduct or management of a station as a whole, as
distinct from the specific technical work involved in the actual
transmission of signals."^ In other words, the use of the word
"operate" in Section 301 captures not just the "actual, mechanical
manipulation of radio apparatus,"^ but also operation of a radio
station generally.^ To determine whether an individual is involved in
the general conduct or management of the station, we can consider
whether such individual exercises control over the station, which the
Commission has defined to include ". . . any means of actual working
control over the operation of the [station] in whatever manner
6. We find that the record evidence in this case is sufficient to
establish that Mr. Davis violated Section 301 of the Act. As the
record shows, agents from the Miami Office determined that, on June
22, July 11, and July 12, 2012, an unlicensed radio station was
operating on the frequency 89.5 MHz from a commercial property in
Oakland Park, Florida, leased to Mr. Davis. On June 22, 2012, the
agents heard the station engage in a live broadcast. A review of the
Commission's records revealed that no license or authorization was
issued to Mr. Davis or to anyone else to operate a radio station on
89.5 MHz at this location, and we believe that it was Mr. Davis who
was operating the station.
7. As explained above with respect to Section 301, even if Mr. Davis was
not physically operating the station, Mr. Davis still can be said to
have "operated" the unlicensed radio on 89.5 MHz based on evidence
showing that Mr. Davis exercised control over the station and its
operations. In this respect, agents from the Miami Office confirmed
that the commercial property housing the unlicensed station was leased
by Mr. Davis, and the space appeared to be used primarily for the
purposes of operating the unlicensed station.^ In addition, there is
record evidence directly linking Mr. Davis to the station and its
operations. On June 22, 2012, the agents heard the station identify
itself on the air as "Joker Boy E-N-T" and announce the radio station
telephone number on the air. This information is consistent with state
corporation records showing that Mr. Davis registered a company called
Joker Boy Entertainment, LLC, the same entity promoted in the
broadcast. Agents also found information on several of Mr. Davis's
webpages which connect him to the station on 89.5 MHz, "Joker Boy
E-N-T", and the telephone number broadcast on the air. Moreover, the
online postings that Mr. Davis created on his Facebook pages about the
station and his company, Joker Boy Entertainment, LLC, suggest that
Mr. Davis was using the unlicensed station, in large part, to generate
advertising revenue and to promote the businesses he ran as CEO &
President of Jungle Boy Entertainment.^ The foregoing facts support
our finding herein that Mr. Davis consciously operated and/or
otherwise was involved in the general conduct or management of the
unlicensed radio station and did so on more than one day. We therefore
conclude, based on the evidence before us, that Mr. Davis apparently
willfully and repeatedly violated Section 301 of the Act by operating
radio transmission equipment without the required Commission
B. Proposed Forfeiture
8. 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.^ Applying the Forfeiture Policy Statement, Section 1.80
of the Rules, and the statutory factors to the instant case, we
conclude that Mr. Davis is apparently liable for a forfeiture in the
amount of $10,000.
IV. ORDERING CLAUSES
9. 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 of the Commission's rules, Romayne Davis is
hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for violations of Section
301of the Act. ^
10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's rules, within thirty (30) calendar days of the release
date of this Notice of Apparent Liability for Forfeiture, Romayne
Davis SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
11. Payment of the forfeiture must be made by check or similar instrument,
wire transfer, or credit card, and must include the NAL/Account number
and FRN referenced above. Romayne Davis shall also send electronic
notification on the date said payment is made to SCR-Response@fcc.gov.
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 select:
* 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.
12. 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.
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 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Miami Office, P.O. Box 520617, Miami, FL 33152-0617,
and include the NAL/Acct. No. referenced in the caption. Romayne Davis
also shall e-mail the written response to SCR-Response@fcc.gov.
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
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 First Class Mail to Romayne Davis at his address of
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
^ 47 C.F.R. S 301.
^ 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.
^ See Lexis Nexis Enforcement Solutions database. The agents also
confirmed that a "Rome Davis" is not listed in any official records.
^ See Facebook pages at
(last visited March 26, 2013) and www.facebook.com/rome.davis.5/photos
(last visited March 26, 2013).
^ "Romayne Davis" is listed as the "CEO & President" of "Jungle Boy ENT.,"
and the following information is listed in the description of "Jungle Boy
ENT.": "Joker Boy ENT We are an all around Promotion company from clubs to
concerts skys the limit." Facebook page at
www.facebook.com/JUNGLE.BOY.ENTERTAINMENT (last visited June 26, 2012).
Furthermore, a Facebook page for "Rome Davis" states that Mr. Davis works
at Joker Boy Entertainment and contains photographs of Mr. Davis with
captions reading "89.5 Joker Boy ENT" and "89.5 FM The Newest Radio
Station [Phone Number Redacted]." Facebook page at
www.facebook.com/rome.davis.5?fref=ts (last visited Oct. 25, 2012). There
are also independent websites that connect Mr. Davis to the station. For
example, a "Noozly.com" webpage
visited Nov. 14, 2012)) states:
. . . ANY LOCAL ARTIST, CLUB, PROMOTER'S, LOCAL BUSINESS OWNERS LOOKING
FOR ADVERTISEMENT ON THE RADIO LIVE ON AIR (89.5) INBOX ME OR GIVE ME A
CALL AT [Phone Number Redacted] . . . ADD THE OFFICIAL JOKER BOY ENT PAGE
J.B.E AND JOIN OUR GROUP Joker Boy Ent 89.5 FM EVERY DAY ALL DAY -Romayne
We note that the redacted phone number matched the phone number that the
station announced over the air on June 22, 2012.
^ Florida Department of State, Division of Corporations Homepage,
www.sunbiz.org (last visited June 21, 2012).
^ 47 U.S.C. S 503(b).
^ 47 U.S.C. S 312(f)(1).
^ H.R. Rep. No. 97-765, 97^th 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), recons.
denied, 7 FCC Rcd 3454 (1992).
^ See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 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." See Callais Cablevision, Inc., 16 FCC Rcd at
^ 47 U.S.C. S 301.
^ See Campbell v. United States, 167 F.2d 451, 453 (5th Cir. 1948)
(comparing the use of the words "operate" and "operation" in Sections 301,
307, and 318 of the Act, and concluding that the word "operate" as used in
Section 301 of the Act means both the technical operation of the station
as well as the general conduct or management of the station).
^ Id. See also 47 U.S.C S 307(c)(1).
^ See Revision of Rules and Policies for the Direct Broadcast Satellite
Service, 11 FCC Rcd 9712, 9747 (1995), recons. denied, DIRECTV, Inc. v.
FCC, 110 F.3d 816 (D.C. Cir. 1997).
^ If Mr. Davis were to insist that other individuals were involved in
operating the station, Mr. Davis nevertheless was instrumental in
providing the ability of the unlicensed station to operate.
^ See supra note 5.
^ 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), recons.
denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S 1.80.
^ 47 U.S.C. S 503(b)(2)(E).
^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80.
^ 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.
^ 47 C.F.R. SS 1.16, 1.80(f)(3).
(...continued from previous page)
Federal Communications Commission DA 13-604
Federal Communications Commission DA 13-604