Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )    File Number: EB-08-NY-051  
                                                        
     Yvon Louis         )   NAL/Acct. No: 200832380009  
                                                        
     Hollis, NY         )            FRN: 0006 2631 72  
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 17, 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 Yvon Louis ("Louis") apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       providing services and facilities incidental to the operation of an
       unlicensed radio transmitter on the frequency 88.1 MHz in Hollis, NY.
       We conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Louis  is apparently liable for a
       forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On February 20, 2008, in response to an interference complaint, a
       Commission agent, using a mobile direction-finding vehicle, monitored
       the frequency 88.1 MHz in Hollis, NY. The agent observed a radio
       station broadcasting on 88.1 MHz and determined that the station was
       operating from a building located at 186-15 Jamaica Avenue, Hollis,
       NY. The agent observed an FM broadcast antenna on the roof of 186-15
       Jamaica Avenue. The agent also observed a sign for Calvary Tabernacle,
       which was involved in a prior unlicensed radio station operation, in
       front of the building located at 186-17 Jamaica Avenue, Hollis, NY,
       which was attached to the building located at 186-15 Jamaica Avenue,
       Hollis, NY. The agent 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 88.1 MHz in Hollis, NY.

    3. On February 21, 2008, a Commission agent, using a mobile
       direction-finding vehicle, monitored the frequency 88.1 MHz in Hollis,
       NY. The agent observed a radio station broadcasting on 88.1 MHz and
       again determined that the station was operating from the building
       located at 186-15 Jamaica Avenue, Hollis, NY. The agent observed an FM
       broadcast antenna on the roof of 186-15 Jamaica Avenue. The agent
       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.

    4. On February 22, 2008, the New York Office sent, via regular mail and
       certified mail, return receipt requested, a NOUO addressed to Louis at
       186-17 Jamaica Avenue, Hollis, NY 11423. A NOUO also was issued to
       Jamaica Avenue Properties, the owner of the attached buildings located
       at 186-15 Jamaica Avenue and 186-17 Jamaica Avenue, Hollis, NY 11423.
       The NOUOs warned that operation of the unlicensed radio station on
       88.1 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 NOUOs also directed Louis and Jamaica
       Avenue Properties to terminate operation of the unlicensed station
       immediately and provided ten days for Louis and Jamaica Avenue
       Properties to reply. The NOUO sent to Louis via certified mail was
       returned to the NY Office by the U.S. Postal Service as unclaimed. The
       NOUO sent to Louis via regular mail was not returned to the New York
       Office. The certified mail receipt for the NOUO sent to Jamaica Avenue
       Properties was later returned to the New York Office by the U.S.
       Postal Service with a signature indicating receipt of the NOUO.

    5. On March 17, 2008, a Commission agent received a phone call from the
       property owner of the attached buildings located at 186-15 Jamaica
       Avenue and 186-17 Jamaica Avenue, Hollis, NY, who told the agent that
       he received the NOUO from the FCC regarding the radio station on his
       property. The owner informed the agent that Louis admitted to him that
       he is responsible for the station. The owner also stated that he told
       Louis to stop operating the station and to remove the antenna. At the
       agent's request, the owner provided a copy of a lease for 186-17
       Jamaica Avenue, Hollis, NY 11423, which showed that Louis is the
       tenant for the first floor and the basement.

    6. On March 18, 2008, Commission agents went to 186-17 Jamaica Avenue to
       conduct a follow-up investigation. Louis was not present, but agents
       observed a coaxial cable typically used in FM broadcast operations
       disconnected from the FM broadcast antenna on the roof of the building
       located at 186-15 Jamaica Avenue, Hollis, NY, but going into the
       basement of 186-17 Jamaica Avenue, Hollis, NY. The agents observed
       that the church, Calvary Tabernacle, is located in the basement of
       186-17 Jamaica Avenue, Hollis, NY.

    7. As of June 5, 2008, Louis did not submit a response to the February
       22, 2008 NOUO to explain the circumstances regarding the operation of
       his unlicensed transmitter at 186-17 Jamaica Avenue, Hollis, NY.

    8. Louis was the subject of a prior FCC investigation in 2001 and 2002
       regarding the operation of an unlicensed radio station on 88.1 MHz,
       90.1 MHz, and 93.7 MHz at 1653 Nostrand Avenue in Brooklyn, NY, which
       at the time was the location of the Cavalry Tabernacle church. Despite
       receiving a written warning on November 23, 2001, that unlicensed
       operation of a radio station constitutes a violation of Section 301 of
       the Act and that such operation could result in penalties, including
       seizure of the equipment, fines and imprisonment, Louis continued to
       operate an unlicensed radio station. On July 23, 2002, the FCC's New
       York Office issued a Notice of Apparent Liability for Forfeiture to
       Louis in the amount of $10,000 for violation of Section 301 of the
       Act. In response to the Notice of Apparent Liability for Forfeiture,
       Louis did not deny operating radio transmission equipment at 1653
       Nostrand Avenue in Brooklyn from November 2001 through January 2002,
       but claimed that, after the inspection in December 2001, he exchanged
       his one-watt transmitter for a transmitter that complied with the Part
       15 emission limits. The Enforcement Bureau issued a Forfeiture Order
       finding that, on several dates after Louis claimed to have begun using
       a Part 15 transmitter, FCC agents detected a signal emanating from
       1653 Nostrand Avenue that exceeded the permissible field strength
       measurements for Part 15 devices. Louis filed a petition for
       reconsideration of the Forfeiture Order again arguing that his radio
       station operations complied with the FCC's Part 15 requirements. For
       the same reasons stated in the Forfeiture Order, the Enforcement
       Bureau denied Louis's petition for reconsideration.

   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) 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.
       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 things the receipt, forwarding, and delivery
       of communications) incidental to such transmission." Agents determined
       that, on February 20, 2008 and February 21, 2008, an unlicensed radio
       station was broadcasting on 88.1 MHz from 186-15 Jamaica Avenue and
       186-17 Jamaica Avenue, in Hollis, NY. Agents observed a coaxial cable
       that had been attached to the antenna on the roof of the building of
       186-15 Jamaica Avenue, Hollis, NY 11423, going into the basement of
       186-17 Jamaica Avenue, Hollis, NY. A lease agreement provided by the
       property owner shows that Louis is the tenant for the first floor and
       basement of 186-17 Jamaica Avenue, Hollis, NY 11423. 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 Louis is responsible for the unlicensed station operation of 88.1
       MHz at 186-17 Jamaica Avenue, Hollis, NY  11423, because he provided
       the facilities used in the operation of the station.  Louis's actions
       were willful because he was warned  during a prior investigation in
       2001 and 2002 that operation of an unlicensed radio station
       constitutes a violation of Section 301 of the Act. The violation was
       repeated because it occurred on more than one day. 

   11. Based on the evidence before us, we find that Louis apparently
       willfully and repeatedly violated Section 301 of the Act by providing
       services and facilities incidental to the transmission of
       communications by radio.

   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)(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.  Because Louis has a previous history of non compliance with
       Commission Rules, we find that his apparent willful and repeated
       operation of an unlicensed radio station is particularly egregious.
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that Louis is
       apparently liable for a ($10,000) forfeiture. 

   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,
       0.314 and 1.80 of the Commission's Rules, Yvon Louis 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.

   14. 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, Yvon Louis 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/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. Louis shall also send
       electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   16. 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. An electronic copy shall be
       sent to NER-Response@fcc.gov

   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. 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 Yvon Louis 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.

   Agents believed the operator was Yvon Louis based on license plate
   searches of vehicles observed on scene as well as a search of residents at
   that location, both of which turned up the name Yvon Louis. In addition,
   Louis was the subject of a prior investigation that took place in 2001 and
   2002 where Louis was found to have operated an unlicensed radio station in
   connection with the Cavalry Tabernacle church on 88.1 MHz, 90.1 MHz, and
   93.7 MHz at another location in Brooklyn, NY. See infra para. 8.

   See  Rev. Yvon Louis, Notice  of Apparent Liability for Forfeiture,
   NAL/Acct. No. 200232380002 (Enf. Bur., New York Office, released July 23,
   2002).

   See Rev. Yvon Louis, Forfeiture Order, 18 FCC Rcd 16187 (EB 2003).

   Rev. Yvon Louis, Memorandum Opinion and Order, 19 FCC Rcd 17699 (EB 2004).

   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)(E).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission