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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
File Number: EB-06-PA-166
Michael Stone Campbell )
NAL/Acct. No: 200832400001
a/k/a Monroe Campbell )
FRN: 0016 9778 45
Philadelphia, Pennsylvania )
)
)
CORRECTED COPY
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 2, 2007
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Michael Stone Campbell a/k/a Monroe Campbell ("Campbell")
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 97.7 MHz in
Philadelphia, Pennsylvania. We conclude, pursuant to Section 503(b)
of the Act, that Campbell is apparently liable for a forfeiture in the
amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On September 5, 2006, the FCC Philadelphia Office received information
that Campbell allegedly was operating an unlicensed radio station on
the frequency 97.7 MHz in Philadelphia, Pennsylvania. On September 6,
2006, an agent searched Commission databases and found no evidence of
a Commission authorization for the operation of a radio station on
97.7 MHz in Philadelphia, Pennsylvania.
3. On October 5, 2006, FCC agents from the Philadelphia Office, using a
mobile direction-finding vehicle, monitored the frequency 97.7 MHz in
Philadelphia, Pennsylvania and determined that the signals were
emanating from a residential building at 14 South Yewdall Street,
Philadelphia, Pennsylvania. 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. The FCC agents heard the
station identified as "WSKR 97.7 FM" and commercials were broadcast
for "Stone Michael Production Premiere and Hip Hop Countdown." The
agents observed that an FM transmitting antenna structure was mounted
on the rooftop of the residence.
4. On October 5, 2006, the FCC agents knocked on the door at 14 South
Yewdall Street in an attempt to inspect the station and interview the
station operator. The person who answered the door identified himself
as Michael Stone Campbell. Campbell acknowledged that he was operating
the station on 97.7 MHz and claimed that he was using a Part 15 radio
transmitter that does not require a license. The agents requested
permission to inspect the radio station but Campbell refused. When
agents directed Campbell to cease operating the station, Campbell
claimed that he did not have the authority to stop operating the
station. Campbell claimed that only Magic World Communication Group
had authorization to turn off the transmitter. Prior to leaving 14
South Yewdall Street, the agents issued Campbell a hand-delivered
"Notice of Unlicensed Radio Operation" warning him that his operation
of a radio station without a license violates Section 301 of the Act
and that his refusal to allow an inspection of his radio station
equipment, violates Section 303 of the Act. Campbell refused to sign
the notice as acknowledgement of receipt. After leaving 14 South
Yewdall Street, the agents continued to monitor the station's
transmissions and observed that the station never ceased operating.
5. Agents subsequently determined that the man who identified himself at
door of 14 South Yewdall Street on October 5, 2006 as Michael Stone
Campbell also is known as Monroe Campbell and is the owner of the
property at 14 South Yewdall Street in Philadelphia, PA. Agents
further determined that Monroe Campbell is the Chief Executive Officer
of Magic World Communication Group.
6. On October 12, 2006, FCC agents, using a mobile direction-finding
vehicle, monitored the frequency 97.7 MHz in Philadelphia,
Pennsylvania. The agents again observed a radio station broadcasting
on 97.7 MHz and determined that the station was operating from 14
South Yewdall Street, Philadelphia, Pennsylvania. The agents also
observed an FM transmitting antenna structure mounted on the rooftop
that appeared identical to the one they observed on October 5, 2006.
7. On October 26, 2006, the Philadelphia Office sent, via regular mail
and certified mail, return receipt requested, two copies of a Notice
of Unlicensed Operation ("NOUO") addressed to Campbell. One copy was
sent to 14 South Yewdall Street, Philadelphia, Pennsylvania 19139 and
one copy was sent to Magic World Communication Group's registered
address at 5243 Chestnut Street, Philadelphia, Pennsylvania 19134. The
NOUO warned Campbell that operation of the unlicensed radio station on
97.7 MHz violated Section 301 of the Act and outlined the potential
penalties for such a violation, including seizure of the equipment,
fines and imprisonment. The NOUO also directed Campbell to terminate
operation of the unlicensed station immediately and provided Campbell
ten days to reply. Campbell did not reply. Both copies of the NOUO
that were sent via certified mail were later returned to the
Philadelphia Office by the U.S. Postal Service as "unclaimed." The
copies of the NOUO sent via regular mail were not returned to the
Philadelphia Office.
8. On. December 21, 2006, Commission agents, using a mobile
direction-finding vehicle, monitored the frequency 97.7 MHz in
Philadelphia, Pennsylvania. The agents again observed a radio station
broadcasting on 97.7 MHz and determined that the station was operating
from 14 South Yewdall Street, Philadelphia, Pennsylvania. Agents also
observed that the station identified itself as "WSKR 97.7 FM." The
agents subsequently 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. The
agents also observed an FM transmitting antenna structure mounted on
the residence rooftop that appeared identical to the one agents
observed on October 5, 2006, and October 12, 2006. An agent searched
Commission databases and found no evidence of a Commission
authorization for this operation on 97.7 MHz in Philadelphia,
Pennsylvania.
III. DISCUSSION
9. 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.
10. 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. On
October 5, 2006, agents found that Campbell operated a radio station
without authorization on 97.7 MHz from his property at 14 South
Yewdall Street in Philadelphia, PA. When agents attempted to conduct
an inspection of the station on October 5, 2006, Campbell refused to
allow an inspection, but admitted to operating the station on 97.7
MHz. Notwithstanding oral and written warnings, agents found that
Campbell continued to operate the station without authorization on
October 12, 2006, and December 21, 2006 at 14 South Yewdall Street.
Because Campbell continued to operate the station even after receiving
numerous warnings that such operation was unauthorized, we find that
the violation was willful. The violation occurred on more than one
day, therefore it is repeated."
11. Based on the evidence before us, we find that Campbell willfully and
repeatedly violated Section 301 of the Act by operating radio
transmission equipment on 97.7 MHz in Philadelphia, Pennsylvania, on
October 5, 2006, October 12, 2006 and December 21, 2006, without a
Commission authorization.
12. 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, a $10,000 forfeiture is warranted.
IV. ORDERING CLAUSES
13. 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, Michael Stone Campbell a/k/a Monroe
Campbell is hereby NOTIFIED of this APPARENT LIABILITY FOR A
FORFEITURE in the amount of ten thousand dollars ($10,000) for
violation of Section 301 of the Act.
14. 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, Michael Stone
Campbell SHALL PAY the full amount of the proposed forfeiture or
SHALL FILE a written statement seeking reduction or cancellation of
the proposed forfeiture.
15. 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.
16. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Philadelphia
Office, One Oxford Valley Building, Suite 404, 2300 E. Lincoln
Highway, Langhorne, Pennsylvania 19047, 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.
17. 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.
18. 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, 1A625, 445 12th
Street, S.W., Washington, D.C. 20554.
19. 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 Michael Stone Campbell at his
address of record.
FEDERAL COMMUNICATIONS COMMISSION
Gene J Stanbro
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 301.
We note that, on November 12, 1997, agents from the Philadelphia Office,
along with U.S. Marshalls, executed a warrant of arrest and seized radio
equipment used by unlicensed radio station "WSKR" that was operated by
Michael Stone on 97.7 MHz in Philadelphia, PA. According to a Public
Notice issued by the FCC on November 18, 1997, "FCC personnel had
inspected the station before seizing the equipment and warned Mr. Stone
that the station's operations were illegal and he should stop operating."
See Public Notice, "FCC Closes Down Unlicensed Radio Operator," released
November 18, 1997.
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.
Campbell also claimed that he had filed a license application with the FCC
to operate a 100 watt station. The agents confirmed with the FCC's Media
Bureau that Campbell did not have a license application pending with the
Commission.
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."
We note that, even if Magic World Communications Group owns the
transmission equipment, Campbell still is liable for operation on his
property because he provided the services and facilities incidental to
operation of an unlicensed station after numerous warnings. Section 3(33)
of the Act defines "communications by radio" as "the transmission by radio
of writing, signs, signals, pictures, and sounds of all kinds, including
all instrumentalities, facilities, apparatus, and services (among other
thing the receipt, forwarding, and delivery of communications) incidental
to such transmission (emphasis added)." See Joni E. Craig, 21 FCC Rcd
10793 (2006) (finding that Craig violated Section 301 of the Act, for,
inter alia, providing the services and facilities incidental to the
transmission of communications by radio occurring on an unlicensed radio
station in San Diego, California ).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
47 U.S.C. S: 503(b)(2)(D).
47 C.F.R. S:S: 0.111, and 0.311.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission