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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                  )                              
                                                                 
     In the Matter of             )   File Number: EB-06-TP-200  
                                                                 
     Jean-Harry Pierre Francois   )   NAL/Acct. No.200732700010  
                                                                 
     Tampa, Florida               )             FRN: 0016041360  
                                                                 
                                  )                              


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: February 13, 2007

   By the District Director, Tampa Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Jean-Harry Pierre-Francois, apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       ("Act"), by operating an unlicensed radio transmitter. We conclude,
       pursuant to Section 503(b) of the Act, that Mr. Pierre-Francois is
       apparently liable for forfeiture in the amount of ten thousand dollars
       ($10,000).

   II. BACKGROUND

    2. On May 15, 2006, the Commission's Tampa Office of the Enforcement
       Bureau ("Tampa Office") received information concerning an
       unauthorized broadcast station operating on 96.3 MHz in Tampa,
       Florida. A search of the Commission's databases revealed no
       authorization for a broadcast station on that frequency in that area.

    3. On June 2, 16, and 28, 2006, agents from the Tampa Office monitored
       broadcast transmissions on 96.3 MHz in Tampa, Florida. The agents,
       using direction finding techniques, located the transmissions to an
       apartment in Tampa. The agents 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.

    4. On June 29, 2006, agents from the Tampa Office interviewed Mr.
       Pierre-Francois. He stated that he was approached by a friend to
       operate the radio station and that he assisted  with  the installation
       of the antenna  for the station. He also stated that he was aware the
       station did not have a license to operate. Mr. Pierre-Francois
       admitted that he had operated the unlicensed station under the name of
       "DJ Juvie" and that he DJ'd for a few hours 5-6 days a week since the
       end of April 2006.

   III. DISCUSSION

    5. 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) 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.

    6. Section 301 of the Act requires 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. In particular, Section 301
       states that "[n]o person shall use or operate any apparatus for the
       transmission of energy or communications or signals by radio (a) from
       one place in any State, Territory, or possession of the United States
       or in the District of Columbia to another place in the same State,
       Territory, possession, or District;  . . . except under and in
       accordance with this chapter and with a license in that behalf granted
       under the provisions of this chapter."  Agents from the Tampa Office
       determined that, on June 2, 16, and 28, 2006, an unlicensed radio
       station operated on 96.3 MHz from an apartment in Tampa, Florida. Mr.
       Pierre-Francois admitted to operating the radio station for a few
       hours 5-6 days a week since the end of April 2006. Based on the
       evidence before us, we find Mr. Pierre-Francois apparently willfully
       and repeatedly violated Section 301 of the Act by operating radio
       transmission apparatus without a license.

    7. 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 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, Section 1.80, and
       the statutory factors to the instant case, we conclude that Mr.
       Pierre-Francois is apparently liable for 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, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Jean-Harry Pierre-Francois 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.

    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
       Notice of Apparent Liability for Forfeiture, Jean-Harry
       Pierre-Francois 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 must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.\001 The
       payment must include the NAL/Acct. No. and FRN No. referenced
       above.\001 Payment by\001check or money order may be mailed to Federal
       Communications Commission, P.O. Box\001358340,\001Pittsburgh, PA
       15251-8340.\001 Payment by overnight mail may be sent to\001Mellon
       Bank\001/LB\001358340,\001500 Ross Street, Room 1540670, Pittsburgh,
       PA 15251.\001\001Payment by wire transfer may be made to ABA
       Number\001043000261, receiving bank\001Mellon Bank, and account
       number\001911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Field
       Office, 2203 N. Lois Ave., Room 1215, Tampa, Florida 33607, and must
       include the NAL/Acct. No. referenced in the caption.

   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 submitted.

   13. 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, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   14.   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 Jean-Harry Pierre-Francois at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Field Office

   South Central 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.
   On June 2, 16, and 28, 2006, the measurements indicated that the signals
   were 29,576, 25,538, and 30,660, times greater, respectively, than the
   maximum permissible level for a non-licensed Part 15 transmitter.

   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."

   47 U.S.C. S 301.

   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. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission