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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )   File Number: EB-08-NY-053   
                                                        
     Alexander Kissi    )   NAL/Acct. No: 200832380010  
                                                        
     Bronx, New York    )   FRN: 0017 5841 29           
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 18, 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 Alexander Kissi ("Kissi") 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
       96.5 MHz in Bronx, New York. We conclude, pursuant to Section 503(b)
       of Act, that Kissi is apparently liable for a forfeiture in the amount
       of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On February 25, 2008, the New York Office of the FCC's Enforcement
       Bureau received a complaint from a licensed radio broadcaster of  an
       unlicensed radio station operating on 96.5 MHz in Bronx, NY. The
       complainant believed that the unlicensed transmissions were emanating
       from 3944 White Plains Road, Bronx, NY.

    3. On February 28, 2008, a Commission agent, using a mobile
       direction-finding vehicle, monitored the frequency 96.5 MHz in Bronx,
       New York. The agent observed a radio broadcast on 96.5 MHz and
       identified the source of the transmissions as an FM broadcasting
       antenna mounted on the roof of a two story building at 3944 White
       Plains Road, Bronx, NY 10466. The agent 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 96.5 MHz in Bronx, New York.

    4. On March 1, 2008, Commission agents, using a mobile direction-finding
       vehicle, monitored the frequency 96.5 MHz in Bronx, New York. The
       agents observed a radio broadcast on 96.5 MHz and identified the
       source of the transmissions as an FM broadcasting antenna mounted on
       the roof of 3944 White Plains Road. 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. An agent searched Commission databases and found
       no evidence of a Commission authorization for this operation on 96.5
       MHz in Bronx, New York.

    5. After completing the field strength measurements on March 1, 2008, the
       agents returned to 3944 White Plains Road, entered the building, and
       proceeded to the second floor. The agents spoke to a man who worked
       there, and a woman who was doing a live radio broadcast from a small
       broadcast studio. In response to agents' questions about the radio
       station, both the man and the woman stated that Alexander Kissi was in
       charge of the station, but that Kissi was not there at the time. While
       in the studio, the agents observed signs on the wall that read "Life
       Sat Radio," "96.5 FM," and listed Kissi as a contact. The agents
       traced the audio cables from the studio to another room on the second
       floor, where they observed a Ptek Model FM150E transmitter, set to 46
       watts according to the transmitter's LCD display. The transmitter's
       output was connected to a coaxial cable which ran out a window to an
       antenna on the roof. The agents provided the woman a hand-written
       Notice of Unlicensed Operation ("NOUO") addressed to both Kissi and
       the woman. The NOUO warned that operation of the unlicensed radio
       station on 96.5 MHz violated 47 U.S.C. S: 301; outlined the potential
       penalties for operating an unlicensed station in violation of 47
       U.S.C. S: 301, including seizure of the equipment, fines and
       imprisonment; and directed the operator of the station to terminate
       operation of the unlicensed station immediately. The woman signed the
       NOUO and stated that she would give it to Kissi.

    6. On March 3, 2008, the New York Office sent a NOUO, by First Class and
       Certified Mail Return Receipt Requested, to Kissi at 3944 White Plains
       Road, Bronx, NY 10466. The NOUO warned Kissi that operation of the
       unlicensed radio station on 96.5 MHz violated 47 U.S.C. S: 301;
       outlined the potential penalties for operating an unlicensed station
       in violation of 47 U.S.C. S: 301, including seizure of the equipment,
       fines and imprisonment; and directed Kissi to terminate operation of
       the unlicensed station immediately. The NOUO offered Kissi ten days to
       reply.

    7. On March 6, 2008, a Commission agent spoke to Kissi by telephone
       regarding the unlicensed station on 96.5 MHz at 3944 White Plains
       Road. Kissi stated that he takes full responsibility for operation of
       the station and that the station will not come back on the air. Kissi
       also stated that he received the NOUO mailed on March 3, 2008 and that
       he plans to respond. The New York Office has not received a reply to
       the NOUO.

    8. A review of New York Office records (Case EB-02-NY-209) revealed that
       a NOUO was hand-delivered to Kissi on September 7, 2002, and another
       NOUO was mailed to Kissi on September 9, 2002 for his unlicensed
       operation of an FM broadcast station on 87.9 MHz at 3944 White Plains
       Road.

   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
       February 28 and March 1, 2008, agents determined that an unlicensed
       radio station was operating on the frequency 96.5 MHz from 3944 White
       Plains Road, Bronx, NY 10466. During an inspection of the station on
       March 1, 2008, two individuals at the station reported to agents that
       Kissi is responsible for the station's operation and Kissi
       subsequently admitted to an agent that he is responsible for the
       station. Because Kissi took full responsibility for operation of the
       station and because Kissi was issued two warning letters in 2002 for
       his unlicensed operation at the same location, we find that the
       violation was willful. The unlicensed operation continued for more
       than one day; therefore the violation was repeated.

   11. Based on the evidence before us, we find that Kissi apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment on 96.5 MHz in Bronx, NY on February 28
       and March 1, 2008, 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)(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 Kissi 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, Alexander Kissi 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 days of the release date of this
       Notice of Apparent Liability for Forfeiture, Alexander Kissi 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 Alexander Kissi 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.

   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.

   47 U.S.C. S: 503(b)(2)(E).

   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)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission