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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                               
                                                          
                          )                               
     In the Matter of                                     
                          )   File Number: EB-08-NY-0143  
     Jean Clerveaux                                       
                          )   NAL/Acct. No: 200932380002  
     Joselyn Edwards                                      
                          )            FRN: 0018 1266 31  
     Brooklyn, New York                                   
                          )                               
                                                          
                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                   Released: October 24, 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 Clerveaux  ("Clerveaux") and Joselyn Edwards  ("Edwards")
       apparently 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 90.5 MHz in Brooklyn, New York. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Clerveaux and Edwards are apparently liable for a forfeiture in
       the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On March 9, 2008, in response to an interference complaint, a
       Commission agent, using a mobile direction-finding vehicle, monitored
       the frequency 90.5 MHz in Brooklyn, New York. The agent observed a
       radio station broadcasting on 90.5 MHz and determined that the station
       was operating from an apartment building at 120 E 19th Street in
       Brooklyn, New York. 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. The agent searched
       Commission databases and found no evidence of a Commission
       authorization for this operation on 90.5 MHz in Brooklyn, New York.
       The agent returned to 120 E. 19th Street the next day and observed an
       antenna on the roof of the apartment building and a coaxial cable
       going from the antenna into a second floor window in the rear of the
       building.

    3. An agent again monitored the frequency 90.5 MHz on April 5 and 6,
       2008, and both times determined that a radio station was broadcasting
       from 120 E. 19th Street in Brooklyn, NY. The agent took field strength
       measurements and determined that the signals being broadcast on April
       5 and April 6, 2008, exceeded the limits for operation under Part 15
       of the Rules and therefore required a license. The agent searched
       Commission databases and found no evidence of a Commission
       authorization for this operation on 90.5 MHz in Brooklyn, New York.

    4. On April 11, 2008, agents returned to the apartment building at 120 E.
       19th Street in Brooklyn, NY and met with the building superintendent,
       who advised the agents that the antenna coaxial cable was going into
       apartment 2E, which was leased to Jocelyn Edwards and Jean Clerveaux.
       Agents subsequently confirmed with the owners of the building that
       Edwards and Clerveaux are the lessees of apartment 2E.

    5. On April 15, 2008, the New York Office sent, via regular mail and
       certified mail, return receipt requested, a NOUO addressed to
       Clerveaux and Edwards at 120 E 19th Street, Brooklyn, New York 11226.
       The NOUO warned Clerveaux and Edwards that operation of the unlicensed
       radio station on 90.5 MHz violates 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 Clerveaux
       and Edwards to terminate operation of the unlicensed station
       immediately and provided Clerveaux and Edwards ten days to reply.

    6. On April 16, 2008, Commission agents went to 120 E 19th Street, in
       Brooklyn to conduct a follow-up inspection. Agents observed a FM
       broadcast antenna on the roof of the building and the antenna coaxial
       cable going into the same window that the building superintendent
       previously had identified as apartment 2E. The agents knocked on the
       door of apartment 2E and identified themselves to a woman who answered
       the door. In response to questions from the agents, the woman said
       that the apartment belongs to Clerveaux and Edwards and that they were
       not home and that she did not have a telephone number to contact them.
       The woman told the agents that they should come back the next morning
       when Clerveaux would be home. The agents gave the woman a copy of the
       NOUO and asked her go give it to Clerveaux and Edwards.

    7. On April 17, 2008, Commission agents returned to 120 E 19th Street to
       conduct a follow-up investigation. The agents attempted to conduct an
       inspection at apartment 2E with Clerveaux and Edwards, but no one
       answered when the agents knocked on the door. When leaving the
       building, the agents noted that the FM broadcasting antenna that
       previously had been on the roof had been removed.

    8. On April 18, 2008, the New York Office received a response to the NOUO
       from Clerveaux and Edwards. In their response, Clerveaux and Edwards
       stated that they do not have a radio station in their apartment. They
       further stated that they share the apartment with two other
       individuals, but they did not provide the names of those individuals.
       In a subsequent written response from Clerveaux, and during an
       interview that took place with Clerveaux in apartment 2E on June 7,
       2008, Clerveaux reported that he is responsible for the electrical
       bills for apartment 2E.

   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 "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 March 9, 2008, April 5, 2008, and April 6, 2008, an
       unlicensed radio station was broadcasting on 90.5 MHz from 120 E 19th
       Street, Apartment 2E, Brooklyn, New York 11226. Agents further
       determined that Clerveaux and Edwards are the lessees of apartment 2E
       and that Clerveaux is responsible for the electricity in apartment 2E.
       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 Clerveaux and Edwards are responsible for the unlicensed station
       operation on 90.5 MHz from 120 E 19th Street, Apartment 2E, Brooklyn,
       New York, and that their actions amounted to repeated violations of
       Section 301 of the Act.

   11. Based on the evidence before us, we find that Clerveaux and Edwards
       apparently repeatedly violated Section 301 of the Act by operating
       radio transmission equipment on 90.5 MHz in Brooklyn, NY on March 9,
       2008, April 5, 2008 and April 6, 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 Jean
       Clerveaux and Joselyne Edwards are 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, Jean Clerveaux and Joselyn
       Edwards are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL
       LIABILITY FOR A FORFEITURE in the amount of  ten thousand dollars
       ($10,000) for repeated 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, Jean Clerveaux and
       Joselyn Edwards 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. Clerveaux and Edwards
       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 Jean Clerveaux and Joselyn Edwards at 
       their 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)(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).

   We note that the presence of other individuals in the apartment who may be
   responsible for the operation of the station does not change our
   conclusions here. The Enforcement Bureau previously has held that
   liability for unlicensed operation may be assigned to any individual
   taking part in the operation of the unlicensed station, regardless of who
   else may be responsible for the operation, because Section 301 of the Act
   provides that "no person shall use or operate" radio transmission
   equipment. 47 U.S.C. S: 301; See Joni K. Craig, Forfeiture Order, 21 FCC
   Rcd 10793 (EB 2006); See also Jean L. Senatus, Forfeiture Order, 20 FCC
   Rcd 14418 (EB 2005).

   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

                                       5

   Federal Communications Commission