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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No. EB-01-NY-490
)
Rev. Yvon Louis ) NAL/Acct. No. 200232380002
Brooklyn, NY )
) FRN 0006-2631-72
FORFEITURE ORDER
Adopted: August 1, 2003 Released: August 5, 2003
By the Chief, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of ten thousand dollars
($10,000) to Rev. Yvon Louis (``Rev. Louis'') for willful and
repeated violation of Section 301 of the Communications Act of
1934, as amended, (``Act'').1 The noted violation involves Rev.
Louis's operation of an unlicensed radio transmitter on
frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz.
2. On July 23, 2002, the District Director of the
Commission's New York, New York Field Office (``New York
Office'') issued a Notice of Apparent Liability for Forfeiture
(``NAL'') in the amount of $10,000 to Rev. Louis.2 Rev. Louis
filed a response to the NAL on July 30, 2002.
II. BACKGROUND
3. On November 16, 2001, in connection with an
investigation of the operation of unlicensed FM broadcast
stations in Brooklyn, New York, agents from the New York Office
observed unauthorized radio broadcast on 93.7 MHz, and positively
identified the source of the unauthorized transmissions to the
Calvary Tabernacle, Inc., a church located at 1653 Nostrand
Avenue, Brooklyn, New York, 11226. There was no evidence of a
Commission authorization for this operation in Brooklyn, New
York.
4. On November 17, 2001, Commission agents again observed
unauthorized radio broadcast on 93.7 MHz, and positively
identified the source of the unauthorized transmissions to the
Calvary Tabernacle, Inc., 1653 Nostrand Avenue, Brooklyn, New
York, 11226. The agents requested and were given permission by
the church's pastor, Rev. Louis, to inspect Calvary Tabernacle
Inc.'s radio station and studio equipment. While performing the
inspection, the agents hand delivered a Warning Letter to Rev.
Louis for the operation of the unlicensed station. The Warning
Letter warned Rev. Louis that operation of the unlicensed radio
station on 93.7 MHz violated 47 U.S.C. § 301, outlined the
potential penalties for the unlicensed operation, and directed
Rev. Louis to take steps to terminate the unlicensed operation.
On November 23, 2001, the New York Office also sent a Warning
Letter regarding the unlicensed operation to Rev. Louis.
5. On December 5, 2001, the New York Office received a
letter from Rev. Louis in which Rev. Louis acknowledged and
confirmed the operation of a radio station at 1653 Nostrand
Avenue, Brooklyn, New York 11226. On December 14, 2001,
Commission agents observed radio broadcast on 88.1 MHz, and
positively identified the source of the unauthorized
transmissions to the Calvary Tabernacle, Inc., 1653 Nostrand
Avenue, Brooklyn, New York, 11226. There was no evidence of a
Commission authorization for this operation in Brooklyn, New
York.
6. On December 17, 2001, Commission agents requested and
were given permission to inspect the Calvary Tabernacle, Inc.
radio station by Rev. Louis. In response to questions by the
agents, Rev. Louis told the agents that he operated the station
on weekends, first on 93.7 MHz, and later on 88.1 MHz. The
agents noted that Rev. Louis had a copy of the Warning Letter
dated November 23, 2001, in his possession. On January 4,
January 5, January 11, and January 18, 2002, Commission agents
again observed radio broadcast on 88.1 MHz, and positively
identified the source of the unauthorized transmissions to the
Calvary Tabernacle, Inc., 1653 Nostrand Avenue, Brooklyn, New
York, 11226. The measurements taken on January 5, and January
18, 2002 exceeded the field strength limits for non-licensed
low-power Part 15 transmitters by 2,479 and 3,391 times
respectively.
7. On January 18, 2002, Commission agents again observed
radio broadcast on 88.1 MHz, and positively identified the source
of the unauthorized transmissions to the Calvary Tabernacle,
Inc., 1653 Nostrand Avenue, Brooklyn, New York, 11226. The
agents conducted a station inspection and determined that Rev.
Louis was the person operating the station.
8. On January 22, 2002 the New York Office received a
letter from Rev. Louis in which he stated that during the
December 17, 2001 inspection the agents found a one watt
transmitter and informed him that the unlicensed operation of the
transmitter violated Section 301 of the Act. Rev. Louis further
states that the agents told him he could operate a low-power
transmitter under Part 15 of the Rules.3 Based on the agents'
statements, Rev. Louis asserts that he exchanged the one watt
transmitter for one that complied with Part 15 of the Rules.
Rev. Louis claims that the transmitter inspected by the agents on
January 18, 2002 was the new Part 15 compliant transmitter.
9. On January 27, 2002, a Commission agent observed radio
broadcast on 90.1 MHz, and positively identified the source of
the unauthorized transmissions to Calvary Tabernacle, Inc., 1653
Nostrand Avenue, Brooklyn, New York, 11226. There was no
evidence of a Commission authorization for this operation in
Brooklyn, New York.
10. On June 22, 2002, Commission agents again observed
radio broadcast on 88.1 MHz, and positively identified the source
of the unauthorized transmissions to the Calvary Tabernacle,
Inc., 1653 Nostrand Avenue, Brooklyn, New York, 11226. The
agents made field strength measurements of the station's signal.
The agents' measurements indicated that the field strength of the
signal exceeded the permissible level for a non-licensed low-
power transmitter by 847 times. The agents conducted a station
inspection and determined that Rev. Louis was the person
responsible for the station operation.
11. On July 23, 2002, the New York Office issued a NAL in
the amount of $10,000 to Rev. Louis for operating an unlicensed
radio transmitter on frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz
in willful and repeated violation of Section 301 of the Act. In
his response to the NAL, Rev. Louis requests cancellation of the
forfeiture, and enclosed copies of letters he sent the New York
Office which were received on December 5, 2001 and January 22,
2002. Rev. Louis argues that he allowed a Commission agent to
inspect the church on November 16, 2001, and that the Commission
agent did not find a transmitter during that inspection. Rev.
Louis alleges that he thereafter replaced the one watt
transmitter with a Part 15 transmitter, after being informed by
the agent that its operation would be permitted without a
license, and that during a subsequent inspection, only a non-
operating Part 15 transmitter was observed by the agent. Rev.
Louis concludes that the Commission never found a ``good
functioning radio transmitter'' at the church, and that he did
not violate Section 301 of the Act.
III. DISCUSSION
12. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Communications
Act of 1934, as amended, (``Act''),4 Section 1.80 of the Rules,5
and The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999). In examining Rev. Louis's response, Section 503(b)
of the Act requires that the Commission take into account the
nature, circumstances, extent and gravity of the violation and,
with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and other such matters
as justice may require.6
13. Section 301 of the Act prohibits radio operation
``except under and in accordance with this Act and with a license
in that behalf granted under the provisions of this Act.''7 Rev.
Louis does not dispute that he operated radio transmitting
equipment at 1653 Nostrand Avenue, Brooklyn, New York 11226 from
November 2001 through January 2002, without a Commission license
or authorization; however, Rev. Louis argues that his operations
are permitted under Part 15 of the Rules because he exchanged his
one watt transmitter for a Part 15 compliant transmitter after
the December 17, 2001 inspection. We reject Rev. Louis's
argument that no operable transmitting equipment was located at
1653 Nostrand Avenue, Brooklyn, New York 11226, and that his
transmissions complied with Part 15 of the Rules after the
December 17, 2001 inspection. We note that Commission agents
located an operable signal at the location on numerous occasions
and detected a measurable field strength signal on January 5,
2002, January 18, 2002 and June 22, 2002. From the field
strength measurements taken, the agents determined that the
signals exceeded the permissible level for a non-licensed Part 15
transmitter by 2,479, 3,391, and 847 times respectively. Hence,
we conclude that Rev. Louis' unlicensed operation was
unauthorized and is therefore a repeated violation of Section 301
of the Act.8
14. We further conclude that this repeated violation of
Section 301 of the Act is also a willful violation within the
meaning of the Act inasmuch as Rev. Louis admits that he
continually operated the station without a license.9 Moreover,
he did so despite repeated warnings from FCC staff. In light of
the foregoing, we decline to cancel or reduce the forfeiture
amount.
IV. ORDERING CLAUSE
15. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,10 and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,11 Rev. Yvon Louis IS LIABLE FOR A MONETARY FORFEITURE
in the amount of ten thousand dollars ($10,000) for operating an
unlicensed radio transmitter in willful and repeated violation of
Section 301 of the Act.
16. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules12 within 30 days of the
release of this Order. If the forfeiture is not paid within the
period specified, the case may be referred to the Department of
Justice for collection pursuant to Section 504(a) of the Act.13
Payment shall be made by mailing a check or similar instrument,
payable to the order of the ``Federal Communications
Commission,'' to the Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. 200232380002 and FRN 0006-2631-72 referenced above.
Requests for full payment under an installment plan should be
sent to: Chief, Revenue and Receivables Operations Group, 445
12th Street, S.W., Washington, D.C. 20554.14
17. IT IS FURTHER ORDERED THAT a copy of this Order shall
be sent by first class mail and certified mail, return receipt
requested, to Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn, NY
11226.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 U.S.C. § 301.
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232380002 (Enf. Bur., New York Office, released July 23,
2002).
3 47 C.F.R. §§ 15.1 et seq. permits the use of certain non-
licensed low-power transmitters.
4 47 U.S.C. § 503(b).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 301.
8 Section 312(f)(2) 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. § 312(f)(2).
9 Section 312(f)(1) of the Act provides that ``[t]he term
`willful,' ... 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....'' 47 U.S.C. § 312(f)(1). This
definition also applies to Section 503(b). See Southern
California Broadcasting Co., 6 FCC Rcd 4387 (1991).
10 47 U.S.C. § 503(b).
11 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
12 47 C.F.R. § 1.80.
13 47 U.S.C. § 504(a).
14 See 47 C.F.R. § 1.1914.