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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-01-NY-490
)
Rev. Yvon Louis ) NAL/Acct. No.
200232380002
Brooklyn, NY )
) FRN: 0006-2631-72
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 23, 2002
By the District Director, New York Office, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Rev. Yvon Louis (``Rev. Louis'') has
apparently violated Section 301 of the Communications Act of 1934
(``Act''),1 as amended, by operating an unlicensed radio
transmitter on frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz. We
conclude that Rev. Yvon Louis is apparently liable for forfeiture
in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On November 16, 2001, in connection with an
investigation of the operation of unlicensed FM broadcast
stations in Brooklyn, New York, Commission agents observed
unauthorized radio broadcast on 93.7 MHz, and positively
identified the source of the unauthorized transmissions to the
Calvary Tabernacle, Inc., 1653 Nostrand Avenue, Brooklyn, NY,
11226. There was no evidence of a Commission authorization for
this operation in Brooklyn, NY.
3. On November 17, 2001, Commission agents again observed
unauthorized radio broadcast on 93.7 MHz, and positively
identified the source of the unauthorized transmissions to the
Calvary Tabernacle, Inc., 1653 Nostrand Avenue, Brooklyn, NY,
11226. The agents requested and were given permission by Rev.
Louis to inspect the radio station's studio equipment. The agents
hand-delivered a Warning Letter to Rev. Louis for the operation
of the unlicensed station.
4. On November 23, 2001, the New York Office sent a
Warning Letter, for unlicensed operation, by First Class and
Certified Mail Return Receipt Requested, to Rev. Louis.
5. On December 5, 2001, the New York Office received a
letter from Rev. Louis in which Rev. Louis acknowledged and
confirmed the operation of a radio station at 1653 Nostrand
Avenue, Brooklyn, NY, 11226.
6. On December 14, 2001, Commission agents observed radio
broadcast on 88.1 MHz, and positively identified the source of
the unauthorized transmissions to the Calvary Tabernacle, Inc.,
1653 Nostrand Avenue, Brooklyn, NY, 11226. There was no evidence
of a Commission authorization for this operation in Brooklyn, NY.
7. On December 17, 2001, Commissions agents requested and
were given permission to inspect the radio station by Rev. Louis.
In response to questions by the agents, Rev. Louis told the
agents that he operated the station on weekends, first on 93.7
MHz, and later on 88.1 MHz. The agents noted that Rev. Louis had
a copy of the Warning Letter dated November 23, 2001, in his
possession.
8. On January 4, January 5, and January 11, 2002,
Commission agents again observed radio broadcast on 88.1 MHz, and
positively identified the source of the unauthorized
transmissions to the Calvary Tabernacle, Inc., 1653 Nostrand
Avenue, Brooklyn, NY, 11226.
9. On January 18, 2002, Commission agents again observed
radio broadcast on 88.1 MHz, and positively identified the source
of the unauthorized transmissions to the Calvary Tabernacle,
Inc., 1653 Nostrand Avenue, Brooklyn, NY, 11226. The agents
conducted a station inspection and determined that Rev. Louis was
the person operating the radio station.
10. On January 27, 2002, a Commission agent observed radio
broadcast on 90.1 MHz, and positively identified the source of
the unauthorized transmissions to the Calvary Tabernacle, Inc.,
1653 Nostrand Avenue, Brooklyn, NY, 11226. There was no evidence
of a Commission authorization for this operation in Brooklyn, NY.
11. On June 22, 2002, Commission agents again observed
radio broadcast on 88.1 MHz, and positively identified the source
of the unauthorized transmissions to the Calvary Tabernacle,
Inc., 1653 Nostrand Avenue, Brooklyn, NY, 11226. The agents
conducted a station inspection and determined that Rev. Louis was
the person responsible for the station operation.
III. DISCUSSION
12. Section 301 of the Act sets forth generally 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.
13. Based on the evidence before us, we find that Rev.
Louis was responsible for the operation of radio transmission
equipment on: 93.7 MHz on November 16, and November 17, 2001;
88.1 MHz on December 14, 2001, January 4, January 5, January 11,
and January 18, 2002; 90.1 MHz on January 27, 2002, and 88.1 MHz
on June 22, 2002, without a Commission authorization in willful2
and repeated3 violation of Section 301 of the Act.
14. The Commission's Forfeiture Policy Statement and
Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon.
denied, 15 FCC Rcd 303(1999) (``Forfeiture Policy Statement'')4,
sets the base forfeiture amount for operation without an
instrument of authorization at $10,000. In assessing the
monetary forfeiture amount, we must take into account the
statutory factors set forth in Section 503(b)(2)(D) of the Act,5
which include 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. Applying the
Forfeiture Policy Statement and the statutory factors to the
instant case and applying the inflation adjustments, we believe
that a ten thousand dollar ($10,000) monetary forfeiture is
warranted.
IV. ORDERING CLAUSES
15. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Rules7, Rev. Yvon Louis is hereby NOTIFIED of his APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for willfully violating Section 301 of the Act.
16. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Rev. Yvon Louis SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
17. 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 should note the
NAL/Acct. No. 200232380002 and FRN: 0006-2631-72.
18. Any response to this NAL must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, D.C.
20554 and MUST INCLUDE THE NAL/Acct. No. 200232380002.
19. 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.
20. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivable Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.8
21. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn, NY
11226.
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
Acting District Director
New York Office
_________________________
1 47 U.S.C. § 301.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies 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).
3 Section 312(f)(2), which also applies to Section 503(b),
provides: [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.
447 C.F.R. § 1.80.
5 47 U.S.C. § 503(b)(2)(D).
647 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, and 0.311.
8 See 47 C.F.R. § 1.1914.