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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
File Number EB-09-BS-0027
Delroy Johnson, Paul Parara, and )
Richard Parara NAL/Acct. No. 201032260001
)
Hyde Park, Massachusetts FRN 0019638386, 0018951723,
) 0019638394
Dorchester, Massachusetts
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 8, 2010
By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Delroy Johnson, Paul Parara, and Richard Parara willfully and
repeatedly violated Section 301 of the Communications Act of 1934, as
amended ("Act"), by operating and providing services and facilities
incidental to the operation of an unlicensed transmitter on 97.5 MHz
in Hyde Park and Dorchester, Massachusetts. We conclude, pursuant to
Section 503(b) of the Act, that Delroy Johnson, Paul Parara, and
Richard Parara are apparently jointly and severally liable for a
forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On July 8, 2009, the Enforcement Bureau's Boston Office received
complaints from licensed broadcasters of an unlicensed radio station
on 97.5 MHz in Boston, Massachusetts, which identified itself as WPOT
"Hot97" and advertised its website -- hot97boston.com.
3. On July 14, 2009, agents from the Boston Office monitored 97.5 MHz in
the Boston, Massachusetts area and, using direction finding
techniques, positively identified the source of the signal on 97.5 MHz
to a commercial building at One Westinghouse Plaza, Hyde Park,
Massachusetts. Agents observed an antenna mounted on top of the
building with a coaxial cable leading to a basement window. Agents
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, the station required a
license. FCC records showed that no license had been issued to operate
an FM broadcast station on 97.5 MHz in Hyde Park, Massachusetts.
4. After taking field strength measurements, agents entered the building
and proceeded to the area where the coaxial cable entered the basement
window. A radio station studio was observed on one side of a central
hallway where agents were greeted by Richard Parara. Agents
interviewed Richard and he provided access to the transmitter, which
was located in his office directly across the hallway from the studio.
Agents inspected the transmitter and recorded the model and serial
numbers. Richard then attempted to contact his cousin Paul Parara, who
he stated was in charge of the transmitter. Agents handed Richard a
Notice of Unlicensed Operation (NOUO), which warned him that operation
of the unlicensed radio station on 97.5 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 Richard to terminate operation of the unlicensed station
immediately and provided him ten days to reply.
5. Agents then spoke with the building manager by phone and explained
that an unlicensed radio station was operating in the basement of the
building located at One Westinghouse Plaza in Hyde Park. The building
manager provided a phone number for Paul Parara. Agents returned to
the station and Paul Parara was at the studio. Agents gave Paul a
verbal warning regarding operation of an unlicensed radio station and
advised him that he would be receiving a formal NOUO in the mail. The
agents then observed Paul direct an associate to shut down the
transmitter.
6. On July 16, 2009, agents again monitored 97.5 MHz and, using direction
finding techniques, traced the signal to One Westinghouse Plaza.
Agents visited the studio and met with Paul Parara. Paul attempted
unsuccessfully to contact Delroy Johnson, who he stated was the
station's owner. Paul stated that he was advised that an application
for a license had been filed, but agents advised him that no such
license had been granted.
7. On July 17, 2009, agents contacted Motherbrook LLC ("Motherbrook"),
the owner of the building at One Westinghouse Plaza. At the agents'
request, Motherbrook provided a copy of the lease agreement for the
two suites (suites 2 and 2a) used for the radio station. Paul Parara,
Delroy Johnson, and Richard Parara were among the lessees.
8. On July 20, 2009, the Boston Office issued a NOUO to Paul Parara for
unlicensed operation on 97.5 MHz in Hyde Park, MA. The Notice was sent
via certified mail and regular mail to Paul's home address as
identified by the driver's license he presented to agents at the
studio on July 16, 2009. The copy of the NOUO sent by certified mail
was returned unclaimed, but the copy sent by regular mail was not. No
written reply was received.
9. On July 29, July 31, August 4, and August 6, 2009, the Boston Office
received email complaints from an FCC licensed broadcaster stating
that the unlicensed operator on 97.5 MHz was back on the air and
causing interference to the station's Boston listeners.
10. On September 1, 2009, agents again monitored 97.5 MHz and, using
direction finding techniques, traced the source of the signal to 76
Esmond St., Dorchester, Massachusetts. Agents observed an antenna
mounted on top of a sawed-off tree with a coaxial cable leading to the
basement. Agents took field strength measurements and determined that
the signals being broadcast exceeded the limits for operation under
Part 15 of the Commission's Rules and therefore, the station required
a license. FCC records showed that no license had been issued to
operate an FM broadcast station at this location in Dorchester,
Massachusetts.
11. Agents met with a resident at this address, who granted them access to
the basement of the building where the transmitter was located. Agents
inspected the transmitter and determined that, based on the model and
serial numbers, it was the same unit that was previously installed at
One Westinghouse Plaza. The resident stated that the owner of the
building is Marcia Johnson and that Delroy Johnson, who sometimes
lived at that address, was the owner of the station. After being
advised that the station was unlicensed, the resident turned off the
transmitter.
12. On September 3, 2009, the Boston Office issued a NOUO to Delroy A.
Johnson for unlicensed operation on 97.5 MHz in Dorchester,
Massachusetts. The Notice was sent via certified mail and regular mail
to Delroy's home address as identified by public records. The
certified mail was returned unclaimed. No written reply was received.
The Boston Office also issued a NOUO to Marcia Johnson, the owner and
resident of the property at 76 Esmond St., Dorchester, MA 02121, for
providing services and facilities incidental to the operation of an
unlicensed radio transmitter. The notice was sent via certified and
regular mail. The copy of the NOUO sent by certified mail was returned
unclaimed, but the copy sent by regular mail was not. No written reply
was received.
13. On September 3, 2009, the Boston Office received a phone call from
Marcia Johnson, who stated that her step-son, Delroy Johnson,
installed the radio station and told her he had a license good for
three years. She reported that she told Delroy to come and take the
station down and that she was taking the day off from work to make
sure he does. Later that day, agents monitored 97.5 MHz and found that
the station was off the air.
III. DISCUSSION
14. 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.
15. 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 an unlicensed radio station operated on 97.5
MHz from One Westinghouse Plaza in Hyde Park, Massachusetts, on July
14 and July 16, 2009, and from 76 Esmond Street in Dorchester, MA, on
September 1, 2009. Richard Parara and Paul Parara were at One
Westinghouse Plaza when the agents observed the station in operation
on July 14 and July 16, 2009. Delroy Johnson was identified by Paul
Parara, Marcia Johnson, and a resident at 76 Esmond Street, as the
station's owner. Based on the serial number and model, agents
confirmed that the same transmitter was used in the operation at One
Westinghouse Plaza and at 76 Esmond Street. Notwithstanding the
issuance of a verbal warning and a hand-delivered NOUO at the
inspection on July 14, 2009, the station continued to operate on July
16, 2009 from One Westinghouse Plaza in Hyde Park. Similarly, although
a NOUO was issued on July 20, 2009, agents found that the station
continued to operate, albeit at a different location, on September 1,
2009. Because Delroy Johnson, Paul Parara, and Richard Parara
knowingly operated a radio station and because the station continued
to operate despite repeated warnings that the station was illegal, we
find that the violation was willful. The operation took place on more
than one day; we therefore find that the violation was repeated.
16. We also find that Delroy Johnson, Paul Parara, and Richard Parara are
liable for the unlicensed operation as lessees of the office space at
One Westinghouse Plaza that was used in the operation of the
unlicensed station. 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." As lessees at One Westinghouse Plaza, we find that
Delroy Johnson, Paul Parara, and Richard Parara provided services and
facilities incidental to the transmission of unlicensed communications
by radio occurring on 97.5 MHz at One Westinghouse Plaza. We have
previously 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. We find that the
actions of Delroy Johnson, Paul Parara, and Richard Parara amounted to
willful and repeated violations of Section 301 of the Act.
17. Based on the evidence before us, we find that Delroy Johnson, Paul
Parara, and Richard Parara apparently willfully and repeatedly
violated Section 301 of the Act by operating radio transmission
equipment on 97.5 MHz in Hyde Park on July 14, 2009 and July 16, 2009,
and at 76 Esmond Street in Dorchester, Massachusetts on September 1,
2009. We further find that Paul Parara, Richard Parara, and Delroy
Johnson apparently willfully and repeatedly violated Section 301 of
the Act by providing services and facilities incidental to the
unlicensed operation on 97.5 MHz in Hyde Park on July 14, 2009 and
July 16, 2009
18. 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 of the
Rules, and the statutory factors to the instant case, we conclude that
Delroy Johnson, Paul Parara, and Richard Parara apparently are jointly
and severally liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
19. 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, Delroy Johnson, Paul Parara,
and Richard Parara 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.
20. 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, Delroy Johnson, Paul
Parara, and Richard Parara jointly and severally, SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.
21. Payment of the forfeiture must be made by credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the 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 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. If you have questions, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. If payment is made, electronic notification on
the date said payment is made must be sent to NER-Response@fcc.gov.
22. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, Northeast Region, Boston Office, 1
Batterymarch Park, Quincy, MA 02169 and must include the NAL/Acct. No.
referenced in the caption.
23. 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.
24. 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 Delroy Johnson, Paul Parara, and
Richard Parara at their addresses of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis Loria
District Director
Boston 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: 153(33).
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).
8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
9 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.
See 47 C.F.R. S:1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission
5
Federal Communications Commission