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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )    File Number: EB-07-NY-308  
                                                        
     Jean Idalbert      )   NAL/Acct. No: 200832380008  
                                                        
     Brooklyn, NY       )              FRN: 0017428293  
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                               April 29, 2008

   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 Jean Idalbert 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 90.9 MHz in
       Brooklyn, NY. We conclude, pursuant to Section 503(b) of Act, that
       Jean Idalbert is apparently liable for a forfeiture in the amount of
       ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On August 21, 2007, the FCC New York Office received a complaint from
       a listener about a possible illegal broadcast station operating on
       90.9 MHz in Brooklyn, NY, which was causing interference to station
       WFUV in Bronx, NY, and station WKCR in New York, NY.

    3. On August 27, 2007, agents from the Commission's New York Field
       Office, using a mobile direction finding vehicle, monitored the
       frequency 90.9 MHz in Brooklyn, NY. The agents observed a radio
       broadcast on 90.9 MHz and identified the source of the transmissions
       as an FM broadcasting antenna on the roof of 1151 New York Avenue,
       Brooklyn, NY 11203. 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. An agent searched Commission databases
       and found no evidence of a Commission authorization for operation on
       90.9 MHz at this location  in Brooklyn, NY.

    4. On the same day, after completing field strength measurements,
       Commission agents returned to 1151 New York Avenue, Brooklyn, NY
       11203.  The agents observed on the roof an FM broadcast antenna
       mounted to a pole connected to a coaxial cable that lead to a ground
       floor window of an apartment, which agents subsequently identified as
       apartment A-6. Outside the entrance to the building, the buzzer for
       apartment A-6 identified "Idalbert, J." as the tenant. Inside the
       lobby, agents observed an apartment directory on the wall that also
       identified "Idalbert, J.B." as the tenant in apartment A-6. The agents
       knocked on the door to apartment A-6, but did not receive an answer.
       Agents determined that the full name of the tenant is "Jean Idalbert."

    5. On September 13, 2007, the New York Office issued Notices of
       Unlicensed Operation, by First Class and Certified Mail Return Receipt
       Requested, to Jean Idalbert and to 1151 Realty Corporation. The New
       York Office did not receive a reply to the Notices of Unlicensed
       Operation.

    6. On  December 15, 2007, Commission agents, using a mobile direction
       finding vehicle, monitored the frequency 90.9 MHz in Brooklyn, NY. The
       agents observed a radio broadcast on 90.9 MHz and identified the
       source of the transmissions as an FM broadcasting antenna on the roof
       of 1151 New York Avenue, Brooklyn, NY 11203. 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. The agents searched Commission databases
       and found no evidence of a Commission authorization for operation on
       90.9 MHz at this location  in Brooklyn, NY.

    7. On the same day, after completing the field strength measurements,
       Commission agents returned to 1151 New York Avenue, Brooklyn, NY
       11203. The agents proceeded  to the roof  and again observed an FM
       broadcast antenna mounted to a pole connected to a coaxial cable that
       lead to a ground floor window of apartment A-6. When the agents
       knocked on the door, a man answered the door, but refused to identify
       himself or allow the agents to conduct a station inspection. One of
       the agents phoned the building superintendent and informed him that
       there was an illegal radio station operating in apartment A-6. The
       agent advised the superintendent to notify Jean Idalbert to cease
       operation of the radio station and remove the antenna from the roof.
       The superintendent agreed to take care of the matter as soon as
       possible. After returning to the vehicle, the agents monitored 90.9
       MHz and noted that the station was off the air.

    8. On January 26, 2008, a Commission agent returned to 1151 New York
       Avenue in Brooklyn, and again spoke with the superintendent, who
       stated that, on December 16, 2007, he removed the antenna and returned
       it to Idalbert. The superintendent also stated that he notified
       Idalbert that FCC agents were there on December 15, 2007 and that the
       agents stated that Idalbert must cease operating the radio station.
       The superintendent also reported that he had previously warned
       Idalbert to cease operation of the radio station after a visit from
       Commission agents earlier in the year.

    9. On February 15, 2008, the New York Office received a telephone call
       from a Brooklyn NY resident with a complaint of receiving interference
       to reception of FCC licensed station WFUV, 90.7 MHz.

   10. On February 23, 2008, a Commission agent, using a mobile direction
       finding vehicle, monitored the frequency 90.9 MHz in Brooklyn, NY. The
       agent observed a radio broadcast on 90.9 MHz and identified the source
       of the transmissions as an FM broadcasting antenna on the roof of 1151
       New York Avenue, Brooklyn, NY 11203. The agent 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 searched Commission databases and found
       no evidence of a Commission authorization for operation on 90.9 MHz at
       this location  in Brooklyn, NY.

   11. On the same day, after completing measurements, the Commission agent
       returned to 1151 New York Avenue Brooklyn, NY 11203 and observed a
       ground plane FM broadcasting antenna on the roof and the coaxial cable
       was going into a window of apartment A-6. A review of Commission
       databases revealed no evidence of a Commission authorization for
       operation on 90.9 MHz at this location in Brooklyn, NY.

   12. On February 28, 2008, a Commission agent visited the office of 1151
       Realty LLC and obtained a renewal lease agreement that identified Jean
       Idalbert as the tenant in apartment A-6 at 1151 New York Avenue,
       Brooklyn, NY.

   III. DISCUSSION

   13. 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.

   14. 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.
       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." Agents determined
       that, on August 26 and December 15, 2007, and February 23, 2008, an
       unlicensed broadcast station was operating from apartment A-6 at 1151
       New York Avenue, Brooklyn, NY 11203. A lease agreement obtained from
       the building owner confirmed that Idalbert is the lessee of apartment
       A-6. Despite written warnings to Idalbert, the unlicensed radio
       station on 90.9 MHz continued to operate from Idalbert's apartment. We
       have previously held that liability for unlicensed operation may be
       assigned to an individual who provides services and facilities
       incidental to the transmission of communications by radio. We find
       that Idalbert is responsible for the unlicensed station operation on
       90.9 MHz at 1151 New York Avenue in Brooklyn, NY and that his actions
       amounted to willful and repeated violations of Section 301 of the Act.

   15. Based on the evidence before us, we find that Jean Idalbert 
       apparently willfully and repeatedly violated Section 301 of the Act by
       operating radio transmission equipment on 90.9 MHz in Brooklyn, NY on
       August, 26 and December 15, 2007, and February 23, 2008,  without a
       Commission authorization.

   16. 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 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 Jean
       Idalbert is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   17. 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 Idalbert 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.

   18. 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, Jean Idalbert SHALL
       PAY the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   19. 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/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment[s] by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.   Please contact the Financial Operations
       Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with
       any questions regarding payment procedures.

   20. 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.

   21. 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.

   22. 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 Idalbert 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 micro volts per meter ("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.

   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: 153(33).

   See Joni K. Craig, Forfeiture Order, 21 FCC Rcd 10793 (EB 2006).

   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 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 47 U.S.C.
   S:301.

   (...continued from previous page)

   Federal Communications Commission

                                       5

   Federal Communications Commission