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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-03-NY-003
)
Hip Hop City Corp. ) NAL/Acct. No.
200332380020
Brooklyn, NY )
) FRN: 0008 5372 76
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 21,
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 Hip Hop City
Corp. (``Hip Hop'')
has apparently
violated Section 301
of the Communications
Act of 1934 (``Act'')
1, as amended, by
operating an
unlicensed radio
transmitter on the
frequency 1710 kHz.
We conclude that Hip
Hop is apparently
liable for a
forfeiture in the
amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On January 6, 7, 8,
and 9, 2003, the FCC
New York Office
received information
from the FCC Columbia,
Maryland monitoring
station, regarding an
unlicensed AM station
operating on 1710 kHz
in the New York City
area.
3. On January 9, 2003,
Commission agents,
using a mobile
direction-finding
vehicle, monitored the
frequency 1710 kHz in
Brooklyn, NY. The
agents observed
unauthorized radio
broadcast on 1710 kHz,
and identified the
source of the
unauthorized
transmissions as 1236-
1244 Atlantic Avenue,
Brooklyn, NY 11216.
The agents observed an
AM broadcast antenna
on the roof of the
building. In response
to questions, the
owner of a car wash,
``Brooklyn Finest Hand
Car Spa'' (``Car
Spa''), located in the
building, told the
agents that a company
called ``Hip Hop''
owned the building.
Further investigation
confirmed the
ownership by Hip Hop.
An agent's search of
the telephone
directory determined
that the addresses and
phone numbers listed
for Hip Hop and Car
Spa were the same.
There was no evidence
of a Commission
authorization for this
operation in Brooklyn,
NY.
4. On January 10, 2003,
Commission agents,
using a mobile
direction-finding
vehicle, monitored the
frequency 1710 kHz in
Brooklyn, NY. The
agents again observed
unauthorized radio
broadcast on 1710 kHz,
and identified the
source of the
unauthorized
transmissions as 1236-
1244 Atlantic Avenue,
Brooklyn, NY 11216.
The agents obtained
access to the roof of
1236 Atlantic Avenue,
where they observed a
vertical antenna with
a coaxial cable
leading across the
roof into a locked
equipment room. The
agents then informed
the owner of Car Spa
that there was an
unlicensed station
operating from the
building. In response
to questions, the
owner of Car Spa again
told the agents that
Hip Hop owned the
building.
5. On January 13, 2003,
the New York Office
sent Warning Letters,
for unlicensed
operation, by First
Class and Certified
Mail Return Receipt
Requested, to Hip Hop
and Car Spa, addressed
to 1244 Atlantic
Avenue. The New York
Office did not receive
a reply to the Warning
Letters. On January
16, 2003, the New York
Office received a
signed receipt for the
Warning Letter mailed
to Car Spa.
6. On January 18, 2003,
Commission agents
returned to 1236-1244
Atlantic Avenue, and
informed the building
construction
supervisor about the
unlicensed station.
The construction
supervisor accompanied
the agents to the
roof, where they
observed the antenna
and coaxial cable just
as before. In
response to questions,
the construction
supervisor provided
the agents with
information indicating
that Eliyahu Ezagui,
residing at 1227
President Street, was
the responsible party
for the building at
1236-1244 Atlantic
Avenue.
7. On January 21, 2003,
a Commission agent's
search of New York
State records
confirmed that the
Chief Executive
Officer of Hip Hop is
Eliyahu Ezagui, with
the principal
executive office
located at 1227
President Street, Unit
4C, Brooklyn, NY
11225. The New York
Office sent a Warning
Letter, for unlicensed
operation, by First
Class and Certified
Mail Return Receipt
Requested, to Hip Hop,
1227 President Street,
Unit 4C, Attention:
Eliyahu Ezagui. The
New York Office did
not receive a reply to
the Warning Letter.
On January 27, 2003,
the New York Office
received a signed
receipt for the
Warning Letter mailed
to Hip Hop.
8. On January 29, 2003,
Commission agents,
using a mobile
direction-finding
vehicle, monitored the
frequency 1710 kHz in
Brooklyn, NY. The
agents again observed
unauthorized radio
broadcast on 1710 kHz,
and identified the
source of the
unauthorized
transmissions as 1236-
1244 Atlantic Avenue,
Brooklyn, NY 11216.
Immediately after
locating the source of
the signal, the agents
made a field strength
measurement of the
station's signal and
determined that the
field strength far
exceeded the
permissible level for
a non-licensed low-
power radio
transmitter.
9. On January 30,
2003, Commission
agents, using a mobile
direction-finding
vehicle, monitored the
frequency 1710 kHz in
Brooklyn, NY. The
agents again observed
unauthorized radio
broadcast on 1710 kHz,
and identified the
source of the
unauthorized
transmissions as 1236-
1244 Atlantic Avenue,
Brooklyn, NY 11216.
Immediately after
locating the source of
the signal, the agents
made a field strength
measurement of the
station's signal and
determined that the
field strength far
exceeded the
permissible level for
a non-licensed low-
power radio
transmitter.
10. On February 27,
2003, Commission
agents, using a mobile
direction-finding
vehicle, monitored the
frequency 1710 kHz in
Brooklyn, NY. The
agents again observed
unauthorized radio
broadcast on 1710 kHz,
and identified the
source of the
unauthorized
transmissions as 1236-
1244 Atlantic Avenue,
Brooklyn, NY 11216.
Immediately after
locating the source of
the signal, the agents
made a field strength
measurement of the
station's signal and
determined that the
field strength far
exceeded the
permissible level for
a non-licensed low-
power radio
transmitter.
III. DISCUSSION
11. 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. A review of
Commission's records
showed that there was
no evidence of a
Commission
authorization to
operate this station
on the frequency 1710
kHz, in Brooklyn, NY.
12. Based on the
evidence before us, we
find that Hip Hop was
responsible for the
operation of radio
transmission equipment
on 1710 kHz on January
9, 10, 29, and 30,
2003, and February 27,
2003, without a
Commission
authorization in
willful2 and repeated3
violation of Section
301 of the Act.
13. 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
14. 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, Hip Hop is
hereby NOTIFIED of its
APPARENT LIABILITY FOR
A FORFEITURE in the
amount of ten thousand
dollars ($10,000) for
willfully violating
Section 301 of the
Act.
15. 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,
Hip Hop SHALL PAY the
full amount of the
proposed forfeiture or
SHALL FILE a written
statement seeking
reduction or
cancellation of the
proposed forfeiture.
16. 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.
200332380020 and FRN:
0008 5372 76.
17. 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.
200332380020.
18. 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.
19. 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
20. 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.
21. IT IS FURTHER
ORDERED THAT a copy of
this NOTICE OF
APPARENT LIABILITY
shall be sent by
Certified Mail, Return
Receipt Requested, to
Hip Hop City Corp.,
1227 President Street,
Unit 4C, Brooklyn, NY
11225.
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
Attachment A - Condensed 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.