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


In the Matter of                   )      File Number EB-04-BS-067
                                                             )
Sylvane Simon                      )     NAL/Acct. No.200532260002
Mattapan, MA                       )
                                  )                FRN 0013802681
                                  )

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                   Released:  July 26 , 2005

By the  District Director, Boston Office,  Northeast Region, 
Enforcement Bureau:

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find Sylvane Simon (``Mr. Simon''), 
apparently liable for a forfeiture in the amount of ten 
thousand dollars ($10,000) for willful and repeated 
violation of Section 301 of the Communications Act of 1934, 
as amended (``Act'').1  Specifically, we find Mr. Simon 
apparently liable for operating radio transmission equipment 
without a license on 1640 KHz in Mattapan, MA. 

II.  BACKGROUND

     2.   On June 15, 2004, agents in the Commission's 
Boston Office of the Enforcement Bureau (``Boston Office'') 
monitored signals on 1640 KHz in Mattapan, MA and, using 
mobile direction-finding techniques, determined the source 
of the signals to be 9 Duke Street, Mattapan, MA.  Based on 
field-strength measurements of the signal taken by the 
agents, the station required a Commission authorization to 
operate.2  FCC records showed that no license had been 
issued for the operation of an AM broadcast station at this 
location.

     3.   Also on June 15, 2004, agents in the Boston Office 
observed a radio signal on 105.3 MHz in Mattapan, MA and, 
using mobile direction-finding techniques, determined the 
source of the signals to be 1333 Blue Hill Avenue, Mattapan, 
MA.  The audio on 105.3 MHz was the same as the audio being 
broadcast on 1640 KHz.  Based on field-strength measurement 
of the signal taken by the agents, the operation on 105.3 
MHz required a Commission authorization.

     4.   On June 24, 2004, agents conducted an inspection 
at 1333 Blue Hill Avenue and spoke to Mr. Simon.  Based on 
their conversation with Mr. Simon, the agents determined 
that Mr. Simon was operating a studio at 1333 Blue Hill 
Avenue and transmitting the audio on 105.3 MHz to the AM 
transmitter located at 9 Duke Street.  The agents orally 
warned Mr. Simon of the consequences of unlicensed operation 
of a broadcast station.  Mr. Simon stated to the FCC agents 
that the station would remain off the air until he received 
an authorization from the FCC to operate.3  On June 29, 
2004, the Boston Office issued a Notice of Unlicensed 
Operation by certified and first class mail.

     5.   On August 25, 2004 and October 7, 2004, FCC agents 
again detected signals on 1640 KHz and, using mobile 
direction-finding techniques, determined the source of the 
signals to be 9 Duke Street, Mattapan, MA.  Based on field-
strength measurements of the signal taken by the agents on 
August 24, 2004 and October 7, 2004, the station required a 
Commission authorization to operate.  During the inspection 
conducted on October 7, 2004, the agents observed an antenna 
affixed to the top of a garage in the rear of 9 Duke Street.  
The Boston Office mailed another Notice of Unlicensed 
Operation to Mr. Simon by certified and first class mail on 
October 7, 2004.  

     6.   On October 25, 2004, Mr. Simon responded to the 
October 7, 2004 Notice of Unlicensed Operation.  Mr. Simon 
reported that modifications were made to the station in 
order to bring it into compliance with the Commission's Part 
15 rules for low power stations.

     7.   On October 28, 2004, FCC agents again detected 
signals on 1640 KHz and, using mobile direction-finding 
techniques, determined the source of the signals to be 9 
Duke Street, Mattapan, MA.  Based on field-strength 
measurements of the signal taken by the agents on October 
28, 2004, the station required a Commission authorization to 
operate.  

III.  DISCUSSION

     8.   Section 301 of the Act states 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 issued by the Commission.4  Agents from the Boston 
Office positively identified the source of an AM signal 
transmitting on 1640 KHz on June 15, 2004, August 25, 2004, 
October 7, 2004, and October 28, 2004 as 9 Duke Street, 
Mattapan, MA.  On those dates, agents also conducted field 
strength measurements of the signal and determined the 
station exceeded the legal limit for an allowable low power 
non-licensed transmitter.  A license therefore was required 
for operation of this station.  The FCC's records show that 
no license has been issued for an AM station on 1640 KHz in 
Mattapan, MA.  Mr. Simon has been warned orally and in 
writing of the possible penalties for unlicensed operation 
of the station.  Moreover, in response to the October 7, 
2004 Notice of Unlicensed Operation, Mr. Simon indicated 
that he would bring the station into compliance with the 
Commission's Part 15 rules.  He nevertheless continued to 
operate the station without a license and without coming 
into compliance with the Part 15 rules.

     9.   Based on the evidence before us, we find that Mr. 
Simon willfully5 and repeatedly6  violated Section 301 of 
the Act by operating an AM radio transmitter without a 
license.

     10.  Pursuant to Section 1.80(b)(4) of the Commission's 
Rules (``Rules''),7 the base forfeiture amount for operation 
without an instrument of authorization is $10,000.  In 
assessing the monetary forfeiture amount, we must also take 
into account the statutory factors set forth in Section 
503(b)(2)(D) of the Act, 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.8  Considering the entire 
record and applying the factors listed above, this case 
warrants a $10,000 forfeiture.

IV.  ORDERING CLAUSES

     11.  Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,9 and Sections 0.111, 0.311 and 
1.80 of the Rules,10 Sylvane Simon is hereby NOTIFIED of 
this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
ten thousand dollars ($10,000) for willful violation of 
Section 301 of the Act by operating an unlicensed 
transmitter on 1640 KHz.

     12.  IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty (30) days of the release 
date of this NAL, Sylvane Simon 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 must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. No. and FRN No. referenced above.  Payment 
by check or money order may be mailed to Federal 
Communications Commission, P.O. Box 358340, Pittsburgh, PA 
15251-8340.  Payment by overnight mail may be sent to Mellon 
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, 
PA 15251.   Payment by wire transfer may be made to ABA 
Number 043000261, receiving bank Mellon Bank, and account 
number 911-6106.

     14.  The response, if any, must be mailed to Federal 
Communications Commission, Enforcement Bureau, Northeast 
Region, Boston Office, 1 Batterymarch Park, Quincy, MA 
02169-7448 within thirty (30) days from the release date of 
this Notice of Apparent Liability for Forfeiture and must 
include the NAL/Acct. No. referenced in the caption.  

     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.   IT IS FURTHER ORDERED that a copy of this NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to Sylvane Simon at his address of record.   


                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Dennis V. Loria
                              District Director
                              Boston Office
                              Northeastern Region
                              Enforcement Bureau

_________________________

147 U.S.C. § 301

2Section 15.209(a) of the Commission's rules authorizes 
operation of low power radio equipment without a license if 
the strength of the signal does not exceed the maximum 
signal strength at a specified distance.  See 47 C.F.R. § 
15.209(a).  The measurements showed that the field strength 
of the station's signal exceeded the permissible level for a 
non-licensed low-power radio transmitter.

3Since the June 24, 2004 inspection, FCC agents have not 
detected a signal on the frequency 105.3 MHz in Mattapan, 
MA.

447 U.S.C. § 301. 

5Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to violations for which forfeitures are assessed 
under 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 4387-88 
(1991).

6 Section 312(f)(2) of the Act, U.S.C. § 312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''

7 47 C.F.R. § 1.80(b)(4).

8 47 U.S.C. § 503(b)(2)(D).

9 47 U.S.C. § 503(b).

10 47 U.S.C. §.§ 0.111, 0.311, 1.80.