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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of
) File Number: EB-07-NY-050
In the Matter of
) NAL/Acct. No: 200732380012
Craig Watkins
) FRN: 0014159255
Bronx, NY
)
)
FORFEITURE ORDER
Adopted: March 10, 2008 Released: March 12, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of seventeen thousand dollars ($17,000) to Craig Watkins
("Watkins") for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended ("Act"), by operating an
unlicensed radio transmitter on the frequency 106.3 MHz in Bronx, NY
and willfully violating 303(n) of the Act by refusing an inspection of
the station.
II. BACKGROUND
2. On March 7, 2007, the FCC New York Office received a complaint from an
engineer representing FM station WFAF, which operates on 106.3 MHz in
Mt. Kisco, NY. The engineer reported that an illegal broadcast station
operating on 106.3 MHz in Bronx, NY was causing interference to WFAF.
3. On March 10, 2007, a Commission agent, using a mobile direction
finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
agent observed a radio broadcast on 106.3 MHz and identified the
source of the transmissions as an FM broadcasting antenna on the roof
of 927 East 229th Street, Bronx, NY 10466. The agent 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 operation on 106.3 MHz in Bronx, NY.
4. On the same day, after completing field strength measurements,
Commission agents conducted an investigation on the roof of 927 East
229th Street, Bronx, NY 10466. The agents observed an FM broadcast
antenna mounted to the chimney of the building that was connected to
coaxial cable leading into a window of an upstairs apartment. The
agents then knocked on the door to the upstairs apartment of the
two-family house. When the man who answered the door was asked about
the radio station, he stated that he was a visitor and that he knew
nothing about the radio station. When agents asked him to turn off the
transmitter, he did so. The man also advised the agents that the
apartment's resident was not at home.
5. While speaking to the man at the upstairs apartment door, the agents
were approached by the building owner, Garfield White. The agents
advised White that an unauthorized radio station was being operated by
someone in the upstairs apartment. White phoned the resident, Craig
Watkins, and asked him to return to the residence. When Watkins
arrived, the agents questioned him about the radio station and he
admitted that there was radio equipment in his apartment, but he
stated that no radio station existed. Watkins refused to allow the
agents to inspect the equipment. The agents issued Watkins a Notice of
Unlicensed Radio Operation for operating an unlicensed radio station
on 106.3 MHz and for refusing to allow inspection of the radio
equipment. After returning to the vehicle, the agents monitored 106.3
MHz and noted that the station was off the air.
6. On March 13, 2007, a Commission agent, using a mobile direction
finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
agent observed a radio broadcast on 106.3 MHz and identified the
source of the transmissions as an FM broadcasting antenna on the roof
of 927 East 229th Street, Bronx, NY 10466. A review of Commission
databases revealed no evidence of a Commission authorization for
operation on 106.3 MHz in Bronx, NY.
7. On March 14, 2007, a Commission agent, using a mobile direction
finding vehicle, again monitored the frequency 106.3 MHz in Bronx, NY.
The agent observed a radio broadcast on 106.3 MHz and identified the
source of the transmissions as an FM broadcasting antenna on the roof
of 927 East 229th Street, Bronx, NY 10466. The agent took field
strength measurements and determined that the signals being broadcast
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 operation on
106.3 MHz in Bronx, NY.
8. On July 27, 2007, Commission's New York Field Office issued a Notice
of Apparent Liability for Forfeiture ("NAL") in the amount of $17,000
to Watkins for apparently violating Section 301 of the Act by
operating an unlicensed radio transmitter on the frequency 106.3 MHz
in Bronx, NY and willfully violating Section 303(n) of the Act by
refusing to allow an inspection of the radio station equipment.
Watkins filed a response to the NAL on August 25, 2007. In his
response, Watkins states that he resides at 927 East 229th Street,
Bronx, NY with his wife, two children, and a brother-in-law. Watkins
does not deny that there is radio station equipment in his apartment
and he does not claim that the equipment is there without his
permission. He states, however, that he does not know anything about
the operation of a radio station. He indicates that he questioned his
brother-in-law and his brother-in-law's friends about the radio
station equipment and the antenna on the roof, but he was not able to
obtain any information from them. Watkins does not address in response
his refusal to allow the agents to inspect the equipment.
III. DISCUSSION
9. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and The
Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines ("Forfeiture
Policy Statement"). In examining Watkins'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.
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 March 10, 13, and 14, 2008, an unlicensed radio station was
broadcasting on 106.3 MHz from the upstairs apartment at 927 East
229th Street, Bronx, NY 10466. Watkins was identified by the building
owner as the resident of the upstairs apartment at 927 East 229th
Street and in his response to the NAL, Watkins states that he resides
at that address. Although Watkins does not admit to operating the
radio station, Watkins confirms that there is radio station equipment
in his apartment. Watkins does not state that such equipment was there
without his permission. As a result, we find that Watkins provided
services and facilities incidental to the transmission of
communications by radio occurring on 106.3 MHz at 927 East 229th
Street, Bronx, NY 10466. 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.
Taken together, we find that Watkins's actions amounted to willful and
repeated violations of Section 301 of the Act.
11. Section 303(n) of the Act states that the Commission has the authority
to inspect all radio installations associated with stations required
to be licensed in order to ascertain whether, in operation, they
conform to the requirements of the rules and regulations of the
Commission. On March 10, 2007, Watkins refused to allow agents to
inspect the station equipment located in his apartment. Watkins does
not dispute this finding in response to the NAL. We therefore find
that Watkins willfully violated Section 303(n) of the Act by failing
to allow an inspection of the radio station equipment located in his
apartment.
IV. ORDERING CLAUSES
12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), and Sections 0.111,
0.311 and 1.80(f)(4) of the Commission's Rules, Craig Watkins, IS
LIABLE FOR A MONETARY FORFEITURE in the amount of $17,000 for
willfully and repeatedly violating Sections 301 and 303(n) of the Act.
13. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules 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. 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 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.
14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
Class Mail and Certified Mail Return Receipt Requested to Craig
Watkins at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
47 U.S.C. S: 301.
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 micro volts per meter ("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.
See supra n. 2.
Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380012
(Enf. Bur., New York Office, released July 27, 2007).
47 U.S.C. S: 503(b).
47 C.F.R. S: 1.80.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
47 U.S.C. S: 503(b)(2)(E).
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). We note that, consistent with this precedent, even if Watkins's
brother-in-law owns and operates the radio station, Watkins remains liable
for the provision of services and facilities incidental to the radio
operations.
47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4); 47 U.S.C. S:
301.
47 U.S.C. S: 504(a).
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(continued....)
Federal Communications Commission DA 08-541
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Federal Communications Commission DA 08-541