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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-05-NY-301
Kacy R. Rankine ) NAL/Acct. No: 200732380001
West Orange, NJ ) FRN: 0015 1782 62
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: November 3, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Kacy R. Rankine apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on the frequency 90.1 MHz.
We conclude, pursuant to Section 503(b) of Act, that Kacy R. Rankine
is apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On October 12, 2005, the FCC's Media Bureau received a complaint from
a licensed station regarding interference caused by an apparent
unlicensed station identifying as "Roadblock Radio" on 90.1 MHz in New
Jersey. The complainant reported that it contacted "Roadblock Radio"
personnel and informed them of the interference. The complaint
subsequently was forwarded to the Enforcement Bureau's New York Office
for further investigation.
3. On November 5, 2005, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 90.1 MHz in Newark,
New Jersey. The agents observed a radio broadcast on 90.1 MHz and
identified the source of the transmissions as an FM broadcasting
antenna mounted on a high pole at the back of The Hut Nite Club ("The
Hut"), 373 South Orange Avenue, Newark, NJ 07103. The agents traced an
antenna coaxial cable to a hole in the back wall of the premises. The
agents also observed a sign posted on the storefront that read "The
Hut - For All Occasions Call 973-374-5360." While monitoring 90.1 MHz,
the agents also heard the on-air disc jockeys ("DJs") identify the
station as "Roadblock Radio."
4. The agents subsequently took field strength measurements and
determined that the signals being broadcast exceeded the limits for
operation under Part 15 of the Commission's Rules ("Rules") and
therefore required a license. An agent searched Commission databases
and found no evidence of a Commission authorization for this operation
on 90.1 MHz in Newark, New Jersey.
5. On December 3, 2005, an agent, using a mobile direction-finding
vehicle, again monitored the frequency 90.1 MHz in Newark, New Jersey.
The agent observed a radio broadcast on 90.1 MHz and identified the
source of the transmissions as an FM broadcasting antenna mounted on a
mast at the back of 1120 South Orange Avenue, Newark, NJ 07106. The
antenna appeared to be the same antenna previously observed at The
Hut. The agent heard the station identified as "Roadblock Radio," with
a call-in number of 973-824-1200. The agent traced an antenna coaxial
cable to a hole in the back wall of the premises. After leaving the
scene, the agent observed that the radio station could be heard at a
distance of five miles away from the station. Accordingly, a license
is required for operation of this station. The agent searched
Commission databases and found no evidence of a Commission
authorization for this operation on 90.1 MHz in Newark, New Jersey.
6. Based on the information gathered on November 5 and December 3, the
agent conducted an Internet search and found that "Roadblock Radio" is
directly related to, and promoted on a website, by an entity known
alternately as G City Entertainment and G City Records, Inc. Rankine
is listed on the website as the Director of Promotions. The agent also
conducted a public records search and found that G City, Inc. is a
corporation registered in the name of Kacy Rankine with a registered
address of 866 18^th Avenue, Irvington, NJ 07111. In addition, the
agent determined that the subscriber for the phone number on the sign
posted on The Hut is G City Entertainment, with a billing address of
866 18^th Avenue, Irvington, NJ 07111. The agent further determined
that the subscriber for the phone number broadcast on the station is
The Hut and the billing address for that number is 866 18^th Avenue,
Irvington, NJ 07111. Further investigation showed that Kacy Rankine is
the lessee of 866 18^th Avenue, Irvington, NJ 07111, which is the
location of the G City Records, Inc.'s store.
7. On December 6, 2005, the New York Office sent a Notice of Unlicensed
Operation (NOUO), by First Class and Certified Mail Return Receipt
Requested, to Kacy Rankine, G City Inc., at 866 18^th Avenue,
Irvington, NJ. The New York Office did not receive a reply to the
NOUO. On January 11, 2006, the Certified letter was returned to the
New York Office undelivered. The letter sent by First Class Mail was
not returned.
8. On January 5, 2006 and again on January 14 and 15, 2006, Commission
agents, using a mobile direction-finding vehicle, monitored the
frequency 90.1 MHz in Newark, New Jersey. On each date, the agents
observed a radio broadcast on 90.1 MHz and identified the source of
the transmissions as an antenna mounted on a mast at the back of 1120
South Orange Avenue, Newark, NJ 07106. It appeared to be the same FM
broadcasting antenna observed previously. The agents heard the
station's on-air DJs identify the station as "Roadblock Radio."
Immediately after locating the source of the signal on January 5 and
15, 2006, the agents took field strength measurements and determined
that the signals being broadcast exceeded the limits for operation
under Part 15 of the Rules and therefore required a license. An agent
searched Commission databases and found no evidence of a Commission
authorization for this operation on 90.1 MHz in Newark, New Jersey.
9. On February 11, 2006, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 90.1 MHz in the
area of West Orange, New Jersey. The agents observed a radio broadcast
on 90.1 MHz and identified the source of the transmissions as an FM
broadcasting antenna mounted on a telephone pole in the backyard of 51
High Street, West Orange, NJ 07052, a private residence. The agents
heard the on-air DJs identify the station on 90.1 MHz as "Roadblock
Radio," and the call-in phone number given was 973-824-1200. The
agents took field strength measurements and determined that the
signals being broadcast exceeded the limits for operation under Part
15 of the Rules and therefore required a license. An agent searched
Commission databases and found no evidence of a Commission
authorization for this operation on 90.1 MHz in West Orange, New
Jersey.
10. After completing the field strength measurements on February 11, 2006,
the agents returned to 51 High Street. The agents traced the antenna
coaxial cable to a garage on the property of 51 High Street. At that
time, the agents interviewed a man who was pulling a car out of the
driveway of 51 High Street. The man identified himself from his
driver's license as Kacy R. Rankine of 51 High Street, West Orange,
NJ. Rankine claimed he did not know anything about a radio station and
refused to allow the agents to conduct an inspection. An agent handed
Rankine information regarding the consequences of operating an
unlicensed radio station, including a fact sheet about FCC
inspections.
11. On March 3, 2006 the New York Office sent a second NOUO by First Class
and Certified Mail Return Receipt Requested, to Kacy R. Rankine at 51
High Street, West Orange, NJ 07052, for unlicensed operation on the
frequency 90.1 MHz. The New York Office did not receive a response to
the NOUO. On March 8, 2006, the New York Office received the U. S.
Post Office Return Receipt signed by Kacy Rankine, confirming that the
NOUO was delivered and received on March 6, 2006.
12. On April 20, 2006, a Commission agent, using a mobile
direction-finding vehicle, monitored the frequency 90.1 MHz in Newark,
New Jersey. The agent observed a radio broadcast on 90.1 MHz, and
identified the source of the transmissions as the same FM broadcasting
antenna observed previously, mounted on the roof of 870 18^th Avenue,
Irvington, NJ 07111, two stores away from G City Records, which is
located at 866 18^th Avenue. The agent heard the station identified
on-air as "Roadblock Radio," and the call-in phone number given was
973-824-1200. After leaving the scene, the agent observed that the
radio station could be heard at a distance of more than 3 miles from
the station. Accordingly, a license is required for operation of this
station. The agent searched Commission databases and found no evidence
of a Commission authorization for this operation on 90.1 MHz in
Newark, New Jersey. Further investigation showed that Kacy Rankine is
the lessee of 870 18^th Avenue, Irvington NJ, 07111.
13. On May 6, and July 15, 2006, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 90.1 MHz in the
area of Irvington, New Jersey. The agents observed a radio broadcast
on 90.1 MHz and identified the source of the transmissions as the same
FM broadcasting antenna observed previously, mounted on the roof of
527 Stuyvesant Avenue, Irvington, NJ 07111. The agents observed that
the broadcast was announced on-air as "Roadblock Radio" and the
call-in phone number given was 973-824-1200. The agents took field
strength measurements and determined that the signals being broadcast
exceeded the limits for operation under Part 15 of the Rules and
therefore required a license. An agent searched Commission databases
and found no evidence of a Commission authorization for this operation
on 90.1 MHz in West Orange, New Jersey.
III. DISCUSSION
14. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. The term "willful" as used in Section 503(b) of the Act has
been interpreted to mean simply that the acts or omissions are
committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
15. 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 granted under the provisions of the Act.
Agents from the New York Office determined that an unlicensed radio
station that identified on-air as "Radio Roadblock" operated from five
different locations in the Newark, NJ area from November 5, 2005, to
at least July 15, 2006. Agents further determined that Kacy Rankine is
responsible for operation of the station. Rankine is the lessee of 866
18^th Avenue, Irvington, NJ, which is the billing address for the
telephone number broadcast on "Radio Roadblock" as well as the billing
address for the phone number posted on the sign at The Hut, which is
where agents first identified the unlicensed operation on 90.1 MHz.
The address, 866 18^th Avenue, Irvington, NJ, also is the location of
the G City Records store, which promotes "Roadblock Radio" on its
website. Rankine, in addition to being listed on the website as the
Director of Promotions, is the owner of a related corporation, G City,
Inc., which according to its Corporate Status Report is located at 866
18^th Avenue, Irvington, NJ. Further, Rankine is the lessee of 870
18^th Avenue, Irvington, NJ, which agents identified as the location
of "Roadblock Radio" transmissions on April 20, 2006. Rankine also was
present at 51 High Street, West Orange, NJ, which agents identified as
the source of unlicensed transmissions on 90.1 MHz on February 11,
2006.
16. Rankine continued to operate the station notwithstanding the issuance
of two Notices of Unlicensed Operation and an oral warning. We
therefore find that Rankine's operation of "Roadblock Radio" without a
license was willful. Because the unlicensed operation continued for
more than one day, the violation was repeated. Accordingly, we find
that Rankine apparently willfully and repeatedly violated Section 301
of the Act by operating radio transmission equipment on 90.1 MHz at
five locations in or near Newark, NJ.
17. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, 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 violations, and with respect
to the violator, the degree of culpability, and history of prior
offenses, ability to pay, and other such matters as justice may
require. Applying the Forfeiture Policy Statement, Section 1.80, and
the statutory factors to the instant case, we conclude that Kacy
Rankine is apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
18. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311 and
1.80 of the Commission's Rules, Kacy Rankine is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for violations of Section 301 of the Act.
19. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules, within thirty (30) days of the release date of
this Notice of Apparent Liability for Forfeiture, Kacy Rankine SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
20. 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.
21. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, New York Office, 201
Varick Street, Suite 1151, New York, NY 10014, and must include the
NAL/Acct. No. referenced in the caption.
22. 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.
23. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
24. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to Kacy Rankine at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 U.S.C. S 301.
47 U.S.C. S 503(b).
Section 15.239 of the Rules provides that non-licensed broadcasting in the
88-108 MHz band is permitted only if the field strength of the
transmission does not exceed 250 mV/m at three meters. 47 C.F.R. S 15.239.
Measurements showed that the field strength of the station's signal
exceeded the permissible level for a non-licensed Part 15 transmitter.
The location from which the agents heard the station far exceeded the
typical range for a certified Part 15 device. Subsequent field strength
measurements made for this location showed that the station's signal
exceeded the permissible level for a non-licensed Part 15 transmitter. See
infa para. 8.
A cached website for G City Records, Inc.,
http://www.geocities.com/gcityprmtnsinc/, lists the phone number
973-374-5360, the address 866 18^th Avenue, and has a list of G City
Records personnel. Kacy Rankine also is the first person listed on the
website, where he is identified as the Director of Promotions. The website
refers to "Roadblock Radio," and to concert events at "The Hut Nite Club,
373 South Orange Avenue." An updated website for G City Records, Inc.,
http://www.gcityrecords.com/, referred to its enterprises as "G-City
Entertainment Inc.," "G-City Records," and "Roadblock Radio 90.1 FM New
Jersey," and lists the "Roadblock Radio" phone number as 973-824-1200. The
official Corporate Status Report from the State of New Jersey Department
of Treasury shows that G City, Inc. is an active domestic profit
corporation, registered in the name of Kacy Rory Rankine.
Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
authorized by this Act...." See Southern California Broadcasting Co., 6
FCC Rcd 4387 (1991).
Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
violations for which forfeitures are assessed under 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."
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S1.80.
47 U.S.C. S 503(b)(2)(D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 47 U.S.C. S
301.
See 47 C.F.R. S 1.1914.
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(continued....)
Federal Communications Commission
2
Federal Communications Commission