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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-NY-231
)
Rawlins Charles ) NAL/Acct. No.
200332380010
)
Brooklyn, NY ) FRN: 0007-9944-86
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 8,
2003
By the District Director, New York Office, Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Rawlins Charles has apparently violated
Section 301 of the Communications Act of 1934 (``Act'')1, as
amended, by operating an unlicensed radio transmitter on the
frequency 96.7 MHz. We conclude that Rawlins Charles is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On September 27, 2002, the FCC New York Office received
a complaint about illegal broadcast stations operating in the New
York City area.
3. On October 5, 2002, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 96.7 MHz in
Brooklyn, NY. The agents observed unauthorized radio broadcast
on 96.7 MHz, and identified the source of the unauthorized
transmissions to 95 Linden Blvd., Brooklyn, NY 11226. There was
no evidence of a Commission authorization for this operation in
Brooklyn, NY.
4. On October 8, 2002, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 96.7 MHz in
Brooklyn, NY. The agents again observed unauthorized radio
broadcast on 96.7 MHz, and identified the source of the
unauthorized transmissions to 95 Linden Blvd., Brooklyn, NY
11226.
5. On October 12, 2002, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 96.7 MHz in
Brooklyn, NY. The agents again observed unauthorized radio
broadcast on 96.7 MHz, and identified the source of the
unauthorized transmissions to 95 Linden Blvd., Brooklyn, NY
11226. The agents observed an antenna on the roof the building,
and an antenna coaxial cable that ran into a window of Apartment
51C. While in the building, the agents spoke with Rawlins
Charles, who admitted to operating the station from apartment
51C, 95 Linden Blvd. The agents then conducted an inspection of
the station with Rawlins Charles, and observed broadcasting
equipment, including a Veronica 30-watt FM transmitter, which he
used for broadcasting from the apartment.
6. On October 16, 2002, the New York Office sent a Warning
Letter, by First Class and Certified Mail Return Receipt
Requested, to Rawlins Charles for unlicensed operation on the
frequency 96.7 MHz.
7. On October 28, 2002, the New York Office received a
reply from Rawlins Charles, stating that he had operated an
unlicensed radio station from his apartment because he is a DJ
and he just wanted to play music.
III. DISCUSSION
8. 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.
9. Based on the evidence before us, we find that Rawlins
Charles was responsible for the operation of radio transmission
equipment on 96.7 MHz on October 5, October 8, and October 12,
2002, without a Commission authorization in willful2 and
repeated3 violation of Section 301 of the Act. A review of
Commission's records showed that there was no evidence of a
Commission authorization to operate this station on the
frequency, 96.7 MHz, in Brooklyn, NY.
10. 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
11. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules7, Rawlins Charles 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.
12. 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, Rawlins Charles SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
13. 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. 200332380010 and FRN: 0007-9944-86.
14. 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. 200332380010.
15. 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.
16. 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
17. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If you qualify as a small
entity and if you wish to be treated as a small entity for
tracking purposes, please so certify to us within thirty (30)
days of this NAL, either in your response to the NAL or in a
separate filing to be sent to the Technical and Public Safety
Division. Your certification should indicate whether you,
including your parent entity and its subsidiaries, meet one of
the definitions set forth in the list provided by the FCC's
Office of Communications Business Opportunities (OCBO) set forth
in Attachment A of this Notice of Apparent Liability. This
information will be used for tracking purposes only. Your
response or failure to respond to this question will have no
effect on your rights and responsibilities pursuant to Section
503(b) of the Communications Act. If you have questions
regarding any of the information contained in Attachment A,
please contact OCBO at (202) 418-0990.
18. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Rawlins Charles, 95 Linden Blvd., Apt. 51C,
Brooklyn, NY 11226.
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
Attachment A- FCC List of Small Entities, October 2002
_________________________
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).
747 C.F.R. §§ 0.111, and 0.311.
8 See 47 C.F.R. § 1.1914.