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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-09-NY-0316
Ronald Reid ) NAL/Acct. No: 201032380003
Bronx, New York ) FRN: 0019263912
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 6, 2010
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 Ronald Reid 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 107.3 MHz
in Bronx, New York. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Ronald Reid is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On October 29, 2009, the New York Office of the FCC's Enforcement
Bureau received a complaint from the Federal Aviation Administration
("FAA") regarding interference from an illegal broadcast station
operating on 107.3 MHz in Bronx, New York, to authorized FAA
frequencies.
3. On October 29, 2009, a Commission agent, using a mobile
direction-finding vehicle, monitored the frequency 107.3 MHz in Bronx,
New York. The agent observed a radio station broadcasting on 107.3 MHz
and determined that the station was operating from an apartment
building located at 4643 Bronx Boulevard, Bronx, New York. The agent
observed an FM broadcast antenna on top of the roof of the apartment
building and a coaxial cable going from the antenna to a first floor
window at the rear of the building. 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 107.3 MHz in Bronx, New York. The
agent attempted a station inspection, but no one answered the door.
The agent spoke to a woman in the building who told the agent that Mr.
Reid was the owner of the building and lived in the first floor
apartment. The agent prepared a Hand-Delivered Notice of Unlicensed
Radio Operation ("NOUO") and left it in Mr. Reid's mail box.
4. On October 30, 2009, the New York Office sent, via regular mail and
certified mail, return receipt requested, a NOUO addressed to Ronald
Reid at 4643 Bronx Boulevard, Bronx, New York 10470. The NOUO warned
Mr. Reid that operation of the unlicensed radio station on 107.3 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 Mr. Reid to terminate operation
of the unlicensed station immediately and provided Ronald Reid ten
days to reply.
5. On October 31, 2009, in response to another complaint from the FAA, a
Commission agent, using a mobile direction-finding vehicle, monitored
the frequency 107.3 MHz in Bronx, New York. The agent observed a radio
station broadcasting on 107.3 MHz and determined that the station was
operating from an apartment building located at 4643 Bronx Boulevard,
Bronx, New York 10470. The agent observed the same FM broadcast
antenna on top of the roof of the apartment building and a coaxial
cable going from the antenna to a first floor window at the rear of
the building. The agent subsequently took field strength measurements
and determined that the signals being broadcast again exceeded the
limits for operation under Part 15 of the Commission's Rules and
therefore required a license. The agent attempted a station
inspection, but no one answered the door.
6. On November 2, 2009, a Commission agent, using a mobile
direction-finding vehicle, monitored the frequency 107.3 MHz in Bronx,
New York. The agent observed a radio station broadcasting on 107.3 MHz
and again determined that the station was operating from an apartment
building at 4643 Bronx Boulevard, Bronx, New York 10470. The agent
observed that the FM antenna that was previously on the roof had been
moved to a window at the back of the building. This was the same
window where the agent observed the coaxial cable entering the first
floor apartment on October 29, 2009.
7. Also on November 2, 2009, the agent again attempted an inspection and
observed a male person in the first floor window. The agent knocked on
the window and the person who answered the door identified himself as
Ronald Reid. Mr. Reid stated to the agent that he owns the building
and resides in the first floor apartment. Mr. Reid further stated that
he operates the station on 107.3 MHz and showed the agent the
hand-built transmitter that he made and programmed to operate on 107.3
MHz. .Mr. Reid verbally confirmed to the agent that he received the
October 31, 2009 NOUO and acknowledged such receipt by making a
written notation and signing a copy of the NOUO provided by the agent.
Mr. Reid claimed that the transmitter output power was less than 10
watts and that he did not understand how it could be causing
interference to FAA frequencies. At the request of the agent, Mr. Reid
turned off the transmitter. Upon leaving the area, the agent confirmed
that the station on 107.3 MHz was off the air.
III. DISCUSSION
8. 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.
9. 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.
Agents determined that, on October 29, 2009, October 31, 2009, and
November 2, 2009, an unlicensed broadcast station was broadcasting on
107.3 MHz from 4643 Bronx Boulevard, Bronx, New York . During an
interview with an FCC agent on November 2, 2009, Mr. Reid admitted to
operating the radio station on frequency 107.3 MHz from his first
floor apartment at 4643 Bronx Boulevard. We find that Mr. Reid is
responsible for the unlicensed station operation on 107.3 MHz at
4643 Bronx Boulevard and that his actions amounted to willful and
repeated violations of Section 301 of the Act.
10. 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 Ronal Reid
is apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
11. 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, Ronald Reid 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.
12. 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, Ronald Reid SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
13. 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. If payment is made, Mr.
Reid must send electronic notification on the date said payment is
made to NER-Response@fcc.gov.
14. 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.
15. 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.
16. 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 Ronald Reid 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.
Property records obtained by agents confirmed that Mr. Reid owns the
building at 4643 Bronx Boulevard in Bronx, New York.
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."
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.
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Federal Communications Commission
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Federal Communications Commission