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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of ) File Number: EB-07-TP-180
Marckenson Bazile ) NAL/Acct. No. 200832700001
Port St. Lucie, Florida ) FRN: 0016893083
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 30, 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 Marckenson Bazile, 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. Bazile is apparently liable for
forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. While investigating an unauthorized broadcast station in the Port St.
Lucie, Florida area, on August 7 and 8, 2007, agents from the
Commission's Tampa Office of the Enforcement Bureau ("Tampa Office")
monitored broadcast transmissions on 100.9 MHz in Port St. Lucie,
Florida. The agents, using direction finding techniques, located the
transmissions to an antenna mounted on a house in Port St. Lucie,
Florida. A search of the St. Lucie County Property Appraiser records
confirmed that the property is owned by Mr. Bazile. The agents also
confirmed that one of the vehicles parked at this residence was
registered to Mr. Bazile. 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. A search of the Commission's databases
revealed no authorization for a broadcast station on that frequency at
that address.
3. On August 16 and 17, 2007, agents from the Tampa Office again
monitored broadcast transmissions on 100.9 MHz in Port St. Lucie,
Florida. The agents found that the antenna had been removed from Mr.
Bazile's residence. The agents, using direction finding techniques,
located the transmissions to an antenna mounted to a commercial plaza
in Port St. Lucie, Florida. The agents traced a coaxial cable from the
antenna into a suite leased by Ti Caribbean Sound LLC. According to
the Florida Department of State Corporations database, Mr. Bazile's
residence is Ti Caribbean Sound LLC's mailing address and Mr. Bazille
is its registered agent. The agents noted Mr. Bazille's vehicle parked
at this location on August 17, 2007. The agents also observed that the
antenna had similar characteristics to the antenna that was previously
observed at Mr. Bazile's residence. 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. A search of the Commission's databases revealed no
authorization for a broadcast station on that frequency at that
address.
4. On August 18, 2007, agents from the Tampa Office interviewed Mr.
Bazile. He stated that he was responsible for the Ti Pouchon Caribbean
Sound business. He admitted that he owned the transmitter and had been
operating the station using various DJ names from that location for
the past two days.
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) 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.
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 August 7 and 8, 2007, an unlicensed radio station
operated on 100.9 MHz from Mr. Basile's residence in Port St. Lucie,
Florida. Agents from the Tampa Office also determined that, on August
16 and 17, 2007, an unlicensed radio station operated on 100.9 MHz
from Mr. Basile's business in Port St. Lucie, Florida. Mr. Bazile
admitted to operating the radio station from his business location for
two days. Based on the evidence before us, we find Mr. Bazile
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)(E) 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 of the
Rules, and the statutory factors to the instant case, we conclude that
Mr. Bazile 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, Marckenson Bazile 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, Marckenson Bazile 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. 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.
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 Marckenson Bazile 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 August 7 and 8, 2007, the measurements indicated that the
signals were 5,948, and 5,696 times greater, respectively, than the
maximum permissible level for a non-licensed Part 15 transmitter.
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 August 16 and 17, 2007, the measurements indicated that the
signals were 11,575, and 10,992 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.
S:1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
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Federal Communications Commission