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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Homere Hyppolite ) File
4843 Devon Circle ) Number EB-02-TP-276
Naples, Florida 34112 ) NAL/Acct.No.200232700017
) F-
) RN 0007-3085-13
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 15, 2002
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find that Homere Hyppolite willfully violated
Section 301 of the Communications Act of 1934, as amended
(``Act'').1 On May 14, 2002, Mr. Homere Hyppolite operated a
radio station on the frequency 99.7 MHz without Commission
authorization. We conclude that Homere Hyppolite is apparently
liable for forfeiture in the amount of ten thousand dollars
($10,000).
II. BACKGROUND
2. On May 14, 2002, in response to a complaint of
interference caused by an alleged unlicensed radio station,
agents from the Commission's Tampa Field Office observed FM radio
broadcasts on the frequency 99.7 MHz in the Naples, Florida area.
Commission records showed no authorization for this operation in
Naples, Florida. Using electronic direction finding techniques,
the agents positively identified the source of the transmissions
to be a residence located at 4843 Devon Circle, Naples, Florida.
The agents observed an antenna mounted on a pole in a tree behind
the residence. Based on field strength measurements taken by the
agents of the station's signal, this station required a license
to operate.
3. Still on May 14, 2002, the agents interviewed the
occupant of the residence at 4843 Devon Circle, Naples, Florida,
at the front door of the residence. The occupant identified
himself as Homere Hyppolite. Mr. Hyppolite admitted that he had
been operating the unlicensed station prior to the interview.
County property records show that Mr. Hyppolite owned the
property at that address.
III. DISCUSSION
4. Section 301 of the Act sets forth generally that no
person shall use or operate any apparatus for the transmission of
energy of communications or signals by radio within the United
States except under and in accordance with the Act and with a
license. On May 14, 2002, Homere Hyppolite operated radio
transmitting equipment on the frequency 99.7 MHz without benefit
of the required Commission authorization.
5. Based on the evidence before us, we find that on May
14, 2002, Homere Hyppolite willfully2 violated Section 301 of the
Act by operating radio transmission apparatus without a license.
6. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) cited in
this notice is $10,000.3 Section 503(b)(2)(D) of the
Communications Act of 1934, as amended (``Act''), requires us 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 other such matters as justice may require.''4
Considering the entire record and applying the statutory factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act 5 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,6 Homere Hyppolite is hereby NOTIFIED of his
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for willful violation of Section 301 of the
Communications Act of 1934, as amended.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NAL, Homere Hyppolite SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
9. Payment of the forfeiture may be made by mailing a check
or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment must include
the FRN and NAL/Acct. No. referenced in the letterhead above.
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead above.
11. 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.
12. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Federal
Communications Commission, Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.7
13. IT IS FURTHER ORDERED THAT a copy of this NAL shall be
sent by regular mail and Certified Mail Return Receipt Requested
to Homere Hyppolite at 4843 Devon Circle, Naples, Florida 34112.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Enforcement
Bureau
_________________________
2 47 U.S.C. § 312(f)(1), which applies equally to 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
....'' See Southern California Broadcasting Co., 6 FCC Rcd 4387
(1991).
4 47 U.S.C. § 503 (b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R.§ 1.1914.
_________________________
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