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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                               
                                                          
                          )                               
     In the Matter of                                     
                          )   File Number: EB-08-NY-0283  
     Andre Alleyne                                        
                          )   NAL/Acct. No: 200932380003  
     Jessie White                                         
                          )            FRN: 0018 1064 01  
     Brooklyn, New York                                   
                          )                               
                                                          
                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 10, 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 Andre Alleyne  and Jessie White  apparently 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 Brooklyn, New York. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Andre Alleyne and
       Jessie White  are apparently jointly and severally liable for a
       forfeiture in the amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On July 11, 2008, the FCC New York Office received a complaint from
       the Chief Engineer of FCC licensed station WQXR located in New York,
       New York, about an apparent illegal broadcast station operating on
       96.5 MHz in Brooklyn, New York causing interference to its listeners.

    3. On July 23, 2008, a Commission agent, using a mobile direction-finding
       vehicle, monitored the frequency 96.5 MHz in Brooklyn, New York. The
       agent observed a radio station broadcasting on 96.5 MHz and determined
       that the station was operating from an apartment building located at
       580 Flatbush Avenue, Brooklyn, New York 11225. 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 96.5 MHz in Brooklyn,
       New York.

    4. On July 24, 2008, a Commission agent, using a mobile direction-finding
       vehicle, again monitored the frequency 96.5 MHz in Brooklyn, New York.
       The agent observed a radio station broadcasting on 96.5 MHz and
       determined that the station was operating from an apartment building
       located at 580 Flatbush Avenue, Brooklyn, New York 11225. The agent
       subsequently took field strength measurements and determined that the
       signals being broadcast still 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 Brooklyn, New York.

    5. On the same day, after completing the field strength measurements,
       Commission agents conducted an investigation on the roof of  580
       Flatbush Avenue, Brooklyn, New York 11225. The agents observed a FM
       broadcast antenna on the roof and a coaxial cable leading from the
       antenna into an apartment window on the tenth floor of the building.
       Upon further investigation, it was determined that the coaxial cable
       was going into apartment # 10D of that same building.  The agents,
       accompanied by the building superintendent, attempted to inspect the
       station in apartment # 10D, but the two women who answered the door
       refused to allow the agents to enter the apartment. One the women
       indicated that she resides in the apartment with her boyfriend, and
       the agents advised her that the station in the apartment was operating
       without a license  and gave her a copy of a document specifying the
       penalties for operating an unlicensed radio station. Further, the
       agents advised the woman that the station was causing interference to
       a licensed station and requested that the station be turned off. 
       After returning to the vehicle, the agents monitored 96.5 MHz and
       noted that the station was off the air.

    6. On July 25, 2008, a Commission agent obtained from the building
       management office a copy of a lease showing that Andre Alleyne and
       Jessie White are joint lessees of apartment # 10D at 580 Flatbush
       Avenue, Brooklyn, New York 11225.

    7. On July 30, 2008, the New York Office sent, via regular mail and
       certified mail, return receipt requested, a NOUO addressed to Andre
       Alleyne and Jessie White at 580 Flatbush Avenue, Apartment # 10D,
       Brooklyn, New York 11225. The NOUO warned Andre Alleyne and Jessie
       White that operation of the unlicensed radio station on 96.5 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 NOUO also directed Andre Alleyne and Jessie White to
       terminate operation of the unlicensed station immediately and provided
       Andre Alleyne and Jessie White ten days to reply. The NOUO sent via
       certified mail was returned on August 21, 2008 to the New York Office
       by the U.S. Postal Service as unclaimed. The NOUO  sent via regular
       mail were not returned to the New York Office. The New York Office did
       not receive a response to the NOUO.

    8. October 30, 2008, a Commission agent went back to 580 Flatbush Avenue,
       Brooklyn, New York 11225 and met with the building superintendent. The
       building superintendent stated that he was contacted shortly after the
       agent's investigation on July 24, 2008 by Andre Alleyne and they both
       went to roof and Mr. Alleyne removed the antenna. The agent and
       building superintendent proceeded to the roof and confirmed that the
       antenna previously observed on July 24, 2008 had been removed.

   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 thing the receipt, forwarding, and delivery
       of communications) incidental to such transmission." Agents determined
       that, on July 23 and July 24, 2008, an unlicensed radio station was
       broadcasting on 96.5 MHz from 580 Flatbush Avenue, Apartment # 10D,
       Brooklyn, New York 11225. Agents further determined that Andre Alleyne
       and Jessie White are lessees of Apartment # 10D. 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 Alleyne and
       White are responsible for the unlicensed station operation on 86.5 MHz
       at 580 Flatbush Avenue, Apartment #10D in Brooklyn, New York 11225,
       because they provided the facilities used in the operation of the
       station. The violation was repeated because it occurred on more than
       one day. 

   11. Based on the evidence before us, we find that Andre Alleyne and Jessie
       White apparently repeatedly violated Section 301 of the Act by
       operating radio transmission equipment on 96.5 MHz at 580 Flatbush
       Avenue, Apartment #10D in Brooklyn, New York 11225 on July 23 and July
       24, 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 Andre
       Alleyne and Jessie White are apparently jointly 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, Andre Alleyne and Jessie
       White are hereby NOTIFIED of their APPARENT JOINT AND SEVERAL
       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, Andre Alleyne and Jessie
       White 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. Alleyne and White 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, New York 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 Andre Alleyne and Jessie White 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).

   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

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   Federal Communications Commission