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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                 )
Marcel (NMI) Charles             )       File Number EB-02-TP-264
AKA Marcel M. Charles            )      NAL/Acct.No. 200232700021
AKA Mariel M. Charles            )           FRN No. 0007-3086-12
AKA Joseph M. Charles            )
414 11th Street SE
Immokalee, Florida


                                        Released:  August 5, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find  that Marcel (NMI)  Charles, a.k.a. Marcel  M. 
Charles,  a.k.a.  Mariel  M.Charles,  a.k.a.  Joseph  M.  Charles 
willfully violated Section 301 of the Communications Act of 1934, 
as amended (``Act''),1 by operating an unlicensed radio  station.  
We find Marcel  Charles apparently liable  for forfeiture in  the 
amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On May  7, 2002,  the Commission's  Tampa Field  Office 
(``Tampa  Office'')  received  a  complaint  from  the  Immokalee 
(Florida) Sheriff's Office of an unlicensed FM station  operating 
on the frequency 103.3 MHz in the Immokalee, Florida area.

     3.   On May 15, 2002, two agents from the Tampa Office drove 
to the Immokalee,  Florida area to  investigate the complaint  of 
unlicensed operation on the frequency  103.3 MHz.  As the  agents 
approached the Immokalee area they  detected an FM radio  station 
operating on the frequency 103.3 MHz.  Using electronic direction 
finding techniques, the agents  positively identified the  source 
of the transmissions to be an antenna mounted on a tower attached 
to the back of a house at 414 11th Street SE, Immokalee, Florida.  
Immediately after locating the source  of the signal, the  agents 
made a field strength measurement and determined that the station 
exceeded the permissible level for a non-licensed low-power radio 
transmitter by  55,502  times.   Thus, this  station  required  a 
license to operate.  A check  of FCC license records revealed  no 
Commission authorization  issued  for  radio  operation  on  this 
frequency in  the Immokalee,  Florida  area.  Accompanied  by  an 
officer of the Immokalee Sheriff's Office, the agents  approached 
the property and found that the radio station was operated from a 
shed attached to the back of the house. The person operating  the 
station at this time was  Mr. Anivain Desprez.  Mr. Desprez  gave 
permission to the agents to inspect the station equipment in  the 
shed.  Radio station  audio equipment was  observed in the  shed.  
The agents traced the transmission cable running from the antenna 
into a hole in the back wall of the main residence.  Mr.  Desprez 
stated that he  had only  the key to  the shed  where the  studio 
portion of the radio station  was located. Mr. Desprez  explained 
that a man he only knew by the name ``Marcel'' had given him  the 
key to open the shed and transmit his program.  He also explained 
that Marcel left the transmitter on and that he just spoke on the 
microphone.  Mr.  Desprez provided  a telephone  number which  he 
said was used to contact ``Marcel.''  This same telephone  number 
was posted on the  wall of the  studio.  The Immokalee  Sheriff's 
officer investigated the telephone number and found it was listed 
to Marcel M. Charles.   Mr. Desprez also  stated that Marcel  was 
the owner of the Spanish  Haitian American Market located at  203 
West Main Street, Immokalee, Florida 34142.

     4.   On  May  15,  2002,  the  officer  from  the  Immokalee 
Sheriff's Office  and  the agents  went  to the  Spanish  Haitian 
American Market.  The Florida  Department of  State, Division  of 
Corporations database  revealed that  the  person who  owned  the 
market and  held an  occupational license  for the  same was  Mr. 
Marcel M. Charles, 203 West Main Street, Immokalee, Florida.  Mr. 
Charles was not  present at  the time  but one  of his  employees 
telephoned a person who he  said could contact Mr. Charles.   One 
of the agents  spoke on the  telephone with a  male subject  that 
identified himself as  Mr. Charles' brother,  indicating that  he 
would contact his brother Marcel  to have the transmitter  turned 
off.  Also, the  Market employee gave  the agents their  business 
card which had printed on it  the same telephone number that  was 
posted at the radio station  and that, according to Mr.  Desprez, 
was the telephone  number he  used to contact  Marcel in  matters 
concerning the operation of the radio station.  The radio station 
ceased transmitting a few minutes after the agents' visit to  the 
                        III.  DISCUSSION

     5.   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 

     6.   Based on the evidence  before us, we  find that on  May 
15, 2002, Marcel (NMI) Charles, a.k.a. Marcel M. Charles,  a.k.a. 
Mariel M.Charles, a.k.a.  Joseph M.  Charles willfully2  violated 
Section 301 of the Act by operating radio transmission  apparatus 
without a license.

     7.   Pursuant to  Section  1.80(b)(4)  of  the  Commission's 
Rules, the base forfeiture amount for the violation cited in this 
notice is $10,000.3  Section 503(b)(2)(D) of the 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

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Marcel 
(NMI) Charles, a.k.a. Marcel M. Charles, a.k.a. Mariel M.Charles, 
a.k.a. Joseph  M.  Charles 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.

     9.   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,  Marcel  Charles  SHALL  PAY the  full  amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.

     10.  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.

     11.  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.

     12.  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 

     13.  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 

     14.                                                  IT   IS 
shall be sent by regular  mail and Certified Mail Return  Receipt 
Requested to Marcel Charles at 414 11th Street SE, Immokalee,  FL 
34142 and at 203 W. Main Street, Immokalee, FL 34142. 

                               FEDERAL COMMUNICATIONS COMMISSION


                               Ralph M. Barlow
                               District Director, Tampa Office
                               Enforcement Bureau

1 47 U.S.C.  301.
2 Section 312(f)(1) of the Act, 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).
3 47 C.F.R.  1.80(b)(4).
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.