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Federal Communications Commission DA 16-989
Federal Communications Commission
Washington, DC 20554
In the Matter of
North Miami, Florida
File No.: EB-FIELDSCR-12-00004798
NAL/Acct. No.: 201332600001
MEMORANDUM OPINION AND ORDER
Adopted: August 30, 2016 Released: August 30, 2016
By the Regional Director, Region Two, Enforcement Bureau:
1. In the Forfeiture Order,
the Enforcement Bureau (Bureau) of the Federal Communications
Commission (Commission) imposed a forfeiture of $25,000 against Fabrice Polynice for willfully and
repeatedly violating Section 301 of the Communications Act of 1934, as amended (Act)
by operating an
unlicensed radio station on the frequency 90.1 MHz in North Miami, Florida. Mr. Polynice has filed a
Petition for Reconsideration (Petition) of the Forfeiture Order. In this Order, we dismiss the petition as
2. Section 405(a) of the Act and Section 1.106(f) of the Rules require a petition for
reconsideration to be filed within thirty (30) days of the date from which public notice of the action is
Public notice of the action in this case was given on April 4, 2013, the date the Forfeiture Order
Therefore, a petition for reconsideration of the Forfeiture Order had to be filed with the
Commission by May 4, 2013 in order to be considered timely. Mr. Polynice’s Petition, however, was not
filed with the Commission until September 23, 2013. The time period for filing petitions for
reconsideration is prescribed by statute, and the Commission may not, with one narrow exception not
applicable here, waive or extend the filing period. Because we have no basis to extend or waive the 30-
day filing period, we must dismiss Mr. Polynice’s Petition as untimely.
3. Furthermore, even if Mr. Polynice had filed his Petition in a timely fashion, we would have
separate and independent grounds for denial of the Petition. First, the Bureau has determined that a petition
for reconsideration that simply reiterates arguments previously considered and rejected will be denied.
Polynice’s Petition simply reiterates an argument previously rejected by the Bureau. First, Mr. Polynice
maintains that the $25,000 penalty imposed should be rescinded because an unknown third party “was re-
broadcasting his internet radio stream illegally over the terrestrial airwaves…”
As the Forfeiture Order
See Fabrice Polynice, Forfeiture Order, 28 FCC Rcd 4297 (Enf. Bur. 2013) (Forfeiture Order), aff’g Fabrice
Polynice, Notice of Apparent Liability for Forfeiture and Order, 27 FCC Rcd 15079 (Enf. Bur. 2012).
47 U.S.C. § 301.
47 U.S.C. § 405(a); 47 C.F.R. § 1.106(f).
47 C.F.R. § 1.4(b)(2) (stating public notice for non-rulemaking documents occurs on the release date).
See EZ Sacramento, Inc., Memorandum Opinion and Order, 15 FCC Rcd 18257, 18257, para. 2 (Enf. Bur. 2000)
(citing WWIZ, Inc., Memorandum Opinion and Order, 37 FCC 685, 686 (1964), aff’d sub. nom. Lorain Journal Co.
v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert. denied, 383 U.S. 967 (1966)); see also Ely Radio, LLC, Memorandum
Opinion and Order, 27 FCC Rcd 7608, 7610, para. 6 (Enf. Bur. 2012).
Petition at 2.
Federal Communications Commission DA 16-989
noted, Mr. Polynice did not submit any evidence to support his allegations. Rather, the Bureau found that
the available record evidence supported the conclusion that Mr. Polynice did, in fact, operate an
unlicensed broadcast radio station on 90.1 FM.
Mr. Polynice has placed no evidence in the record to
support revisiting the Bureau’s decision.
4. Second, Mr. Polynice asserts that we should cancel or reduce the forfeiture amount based on
his alleged inability to pay.
Mr. Polynice did not raise the issue of his purported inability to pay until
reconsideration. Reconsideration based on new information is appropriate only when the petitioner
either demonstrates a material error or omission in the underlying order or raises additional facts not
known or not existing until after the petitioner’s last opportunity to present such matters,
or we find that
such reconsideration is required in the public interest.
Since Mr. Polynice had control of information
about his own income at all times during this proceeding, his Petition fails to raises additional facts not
known or not existing until after the petitioner’s last opportunity to present such matters.
5. Moreover, the NAL specifically stated that a cancellation or reduction of the proposed
forfeiture based on inability to pay will not be considered unless the petitioner provides (1) federal tax
returns for the most recent three-year period; (2) financial statements prepared according to generally
accepted accounting principles; or (3) some other reliable and objective documentation that accurately
reflects the petitioner's current financial status. Mr. Polynice only submitted a tax return for one year.
Therefore, Mr. Polynice has not provided have enough information to show that there was any material
error in the Forfeiture Order. Moreover, Mr. Polynice has not offered any public interest rationale in
favor of considering his inability-to-pay claim here.
6. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the Communications
Act of 1934, as amended (Act), and Section 1.106 of the Rules, the Petition for Reconsideration filed by
Fabrice Polynice is hereby DISMISSED.
7. IT IS FURTHER ORDERED that, pursuant to Section 503(b) of the Act and Sections
0.111, 0.311, and 1.80 of the Rules, Fabrice Polynice IS LIABLE FOR A MONETARY
FORFEITURE of $25,000 for willfully and repeatedly violating Section 301 of the Act.
8. 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 Memorandum Opinion and Order.
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.
Mr. Polynice admitted he operated an internet radio station, that he was known as “DJ Paz,” and that he created the
brand known as “Touche Douce,” which was broadcast on 90.1 FM. Mr. Polynice had acknowledged the unlicensed
radio station on 90.1 FM on his webpages. Multiple webpages contained posts from DJ Paz that he was “live on the
air” on station 90.1 FM, and the posts also referenced Mr. Polynice’s personal phone number. The Bureau concluded
that if Mr. Polynice only operated an Internet radio station, it was unlikely that he would encourage listeners of his
Internet program to tune in “live” to an unlicensed terrestrial radio station on 90.1 FM operated (supposedly) by
others; nor would the Internet site he controls mention the unlicensed FM station. Given the foregoing, the Bureau
found Mr. Polynice’s claim that someone else operated the unlicensed broadcast radio station was unconvincing.
Forfeiture Order, 28 FCC Rcd 4297, 4298, para. 4 (2016).
Petition at 2.
47 C.F.R. § 1.106(c)(1).
47 C.F.R. § 1.106(c)(2).
47 U.S.C. § 405; 47 C.F.R. § 1.106.
47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80.
47 C.F.R. § 1.80.
47 U.S.C. § 504(a).
Federal Communications Commission DA 16-989
9. 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. Fabrice Polynice
shall send electronic notification of payment to Janet Moran at Janet.Moran@fcc.gov on the date said
payment is made. 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 that should be followed based on the form of payment selected:
? 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
10. Any request for making full payment over time 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.
Questions regarding payment procedures should
be directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
11. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order shall
be sent by first class mail and certified mail, return receipt requested, to Fabrice Polynice at his address of
record and to his counsel Terrence Moons, 1031 Ives Dairy Road, Suite 228, Miami, FL 33179.
FEDERAL COMMUNICATIONS COMMISSION
Regional Director, Region Two
An FCC Form 159 and detailed instructions for completing the form may be obtained at
See 47 C.F.R. § 1.1914.