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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                                
                                                            
                           )                                
                                                            
     In the Matter of      )   File Number: EB-10-TP-0003   
                                                            
     Alex Alcime           )   NAL/Acct. No.: 201132700004  
                                                            
     Fort Myers, Florida   )   FRN: 0020835773              
                                                            
                           )                                
                                                            
                           )                                


                                     ORDER

   Adopted: August 1, 2011 Released: August 1, 2011

   By the Regional Director, South Central Region, Enforcement Bureau:

   1. In this Order, we adopt the attached Consent Decree entered into
   between the Enforcement Bureau ("Bureau") of the Federal Communications
   Commission ("FCC" or "Commission") and Alex Alcime ("Mr. Alcime"). The
   Consent Decree terminates an investigation by the Bureau against Mr.
   Alcime for possible violations of section 301 of the Communications Act of
   1934, as amended ("Act"), regarding operation of an unlicensed radio
   transmitter.

   2. The Bureau and Mr. Alcime have negotiated the terms of a Consent Decree
   that resolve this matter. A copy of the Consent Decree is attached hereto
   and incorporated herein by reference.

   3. After reviewing the terms of the Consent Decree and evaluating the
   facts before us, we find that the public interest would be served by
   adopting the Consent Decree and terminating the investigation without
   imposing a forfeiture.

   5. Accordingly, IT IS ORDERED that, pursuant to section 4(i) of the Act,
   and sections 0.111, 0.204, 0.311, and 0.314 of the Commission's rules, the
   Consent Decree attached to this Order IS ADOPTED.

   6. IT IS FURTHER ORDERED that the above-captioned investigation IS
   TERMINATED without imposing a forfeiture.

   7. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree
   shall be sent by first class and certified mail, return receipt requested,
   to Mr. Alcime at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                                
                                                            
                           )                                
                                                            
     In the Matter of      )   File Number: EB-10-TP-0003   
                                                            
     Alex Alcime           )   NAL/Acct. No.: 201132700004  
                                                            
     Fort Myers, Florida   )   FRN: 0020835773              
                                                            
                           )                                
                                                            
                           )                                


                                 CONSENT DECREE

    1. The Enforcement Bureau and Alex Alcime ("Mr. Alcime"), by their
       authorized representatives, hereby enter into this Consent Decree for
       the purpose of terminating the Enforcement Bureau's investigation into
       whether Mr. Alcime violated section 301 of the Communications Act of
       1934, as amended, by operating an unlicensed radio transmitter.

   I. DEFINITIONS

    2. For the purposes of this Consent Decree, the following definitions
       shall apply:

     a. "Act" means the Communications Act of 1934, as amended 47 U.S.C. S:
        151 et seq.

     b. "Bureau" means the Enforcement Bureau of the Federal Communications
        Commission.

     c. "Commission" and "FCC" mean the Federal Communications Commission and
        all of its bureaus and offices.

     d. "Effective Date" means the date on which the Bureau releases the
        Adopting Order.

     e. "Compliance Plan" means the program described in this Consent Decree
        at paragraph 9.

     f. "Investigation" means the investigation initiated by the Bureau on
        May 26, 2010 of possible violations of section 301 of the Act and
        resulting in the Notice of Apparent Liability for Forfeiture.

     g. "Notice of Apparent Liability for Forfeiture" means the Notice of
        Apparent Liability for Forfeiture issued to Mr. Alcime on May 5, 2011
        and published at 26 FCC Rcd 6657.

     h. "Order" or "Adopting Order" means an Order of the Bureau adopting the
        terms of this Consent Decree without change, addition, deletion, or
        modification.

     i. "Parties" means Mr. Alcime and the Bureau, and each of which is a
        "Party."

     j. "Rules" means the Commission's regulations found in Title 47 of the
        Code of Federal Regulations.

   II. BACKGROUND

    3. Section 301 of the Act requires 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.

    4. On May 26 and 27, 2010, agents from the Bureau, using
       direction-finding techniques, determined that radio transmissions on
       the frequency 95.7 MHz were emanating from Mr. Alcime's residence in
       Fort Myers, Florida. On June 3, 2010, agents from the Bureau inspected
       the station at Mr. Alcime's residence and interviewed Mr. Alcime. Mr.
       Alcime admitted that he was a disc jockey for the station. The Bureau
       released a Notice of Apparent Liability for Forfeiture to Mr. Alcime
       on May 5, 2011 for violation of section 301 of the Act. The Bureau was
       subsequently alerted to Mr. Alcime's financial circumstances
       indicating an inability to pay the proposed forfeiture.

   III. TERMS OF AGREEMENT

    5. Adopting Order. The Parties agree that the provisions of this Consent
       Decree shall be subject to final approval by the Bureau by
       incorporation of such provisions by reference in the Adopting Order
       without change, addition, modification, or deletion.

    6. Jurisdiction. Mr. Alcime  agrees that the Bureau has jurisdiction over
       him and the matters contained in this Consent Decree and has the
       authority to enter into and adopt this Consent Decree.

    7. Effective Date; Violations. The Parties agree that this Consent Decree
       shall become effective on the Effective Date. Upon release, the
       Adopting Order and this Consent Decree shall have the same force and
       effect as any other Order of the Bureau. Any violation of the Adopting
       Order or of the terms of this Consent Decree shall constitute a
       separate violation of a Bureau Order, entitling the Bureau to exercise
       any rights and remedies attendant to the enforcement of a Commission
       Order.

    8. Termination of Investigation. In express reliance on the covenants and
       representations in this Consent Decree and to avoid further
       expenditure of public resources, the Bureau agrees to terminate the
       Investigation without imposing a forfeiture. In consideration for the
       termination of the Investigation, Mr. Alcime agrees to the terms,
       conditions, and procedures contained herein. The Bureau further agrees
       that in the absence of new material evidence, the Bureau will not use
       the facts developed in this Investigation through the Effective Date
       of the Consent Decree, or the existence of this Consent Decree, to
       institute, on its own motion, any new proceeding, formal or informal,
       or take any action on its own motion against Mr. Alcime, concerning
       the matters that were the subject of the Investigation.

    9. Compliance Plan. For purposes of settling the matters set forth
       herein, Mr. Alcime agrees, upon the Effective Date, to authorize the
       Fort Myers Police Department to release Mr. Alcime's radio
       transmitting equipment currently in police custody to the Bureau for
       destruction. Mr. Alcime shall also submit within thirty (30) calendar
       days after the Effective Date a certification signed by Mr. Alcime,
       under penalty of perjury and consistent with section 1.16 of the
       Rules, that he is not operating and will not in the future operate an
       unlicensed radio station anywhere in the United States. This
       certification is required by this Consent Decree and shall be
       submitted to Federal Communications Commission, Enforcement Bureau,
       South Central Region, Tampa Office, 4010 W. Boy Scout Blvd., Suite
       425, Tampa, Florida 33607 and an electronic copy of the certification
       shall also be submitted to SCR-Response@fcc.gov.

   10. Voluntary Contribution. Mr. Alcime agrees that he will make a
       voluntary contribution to the United States Treasury in the amount of
       three hundred fifty dollars ($350) within thirty (30) calendar days
       after the Effective Date. The payment must be made by check or similar
       instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN
       referenced in the caption to the Adopting Order. 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. For payment by credit card, an
       FCC Form 159 (Remittance Advice) must be submitted. When completing
       the FCC Form 159, enter the Account number in block number 23A (call
       sign/other ID), and enter the letters "FORF" in block number 24A
       (payment type code). Mr. Alcime shall also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.

   11. Waivers. Mr. Alcime waives any and all rights he may have to seek
       administrative or judicial reconsideration, review, appeal, or stay,
       or to otherwise challenge or contest the validity of this Consent
       Decree and the Adopting Order, provided the Bureau issues an Adopting
       Order adopting the Consent Decree without change, addition,
       modification, or deletion. Mr. Alcime shall retain the right to
       challenge Commission interpretation of the Consent Decree or any terms
       contained herein. If either Party (or the United States on behalf of
       the Commission) brings a judicial action to enforce the terms of the
       Adopting Order, neither Mr. Alcime nor the Commission shall contest
       the validity of the Consent Decree or the Adopting Order, and Mr.
       Alcime shall waive any statutory right to a trial de novo. Mr. Alcime
       hereby agrees to waive any claims it may otherwise have under the
       Equal Access to Justice Act, 5 U.S.C. S: 504 and 47 C.F.R. S: 1.1501
       et seq., relating to the matters addressed in this Consent Decree.

   12. Invalidity. In the event that this Consent Decree is rendered invalid
       by a court of competent jurisdiction, it shall become null and void
       and may not be used in any manner in any legal proceeding.

   13. Subsequent Rule or Order. The Parties agree that if any provision of
       the Consent Decree conflicts with any subsequent Rule or order adopted
       by the Commission (except an order specifically intended to revise the
       terms of this Consent Decree to which Mr. Alcime does not expressly
       consent) that provision will be superseded by such Rule or order.

   14. Final Settlement. The Parties agree and acknowledge that this Consent
       Decree shall constitute a final settlement between the Parties. The
       Parties further agree that this Consent Decree does not constitute
       either an adjudication on the merits or a factual or legal finding or
       determination regarding any compliance or noncompliance with the
       requirements of the Act or the Rules and Commission's orders.

   15. Modifications. This Consent Decree cannot be modified without the
       advance written consent of both Parties.

   16. Paragraph Headings. The headings of the paragraphs in this Consent
       Decree are inserted for convenience only and are not intended to
       affect the meaning or interpretation of this Consent Decree.

   17. Authorized Representative. Each party represents and warrants to the
       other that it has full power and authority to enter into this Consent
       Decree.

   18. Counterparts. This Consent Decree may be signed in any number of
       counterparts (including by facsimile), each of which, when executed
       and delivered, shall be an original, and all of which counterparts
       together shall constitute one and the same fully executed instrument.


     _______________________________    
                                        
     Dennis P. Carlton                  
                                        
     Regional Director                  
                                        
     South Central Region               
                                        
     Enforcement Bureau                 
                                        
     ________________________________   
                                        
     Date                               
                                        
     ________________________________   
                                        
     Alex Alcime                        
                                        
     ________________________________   
                                        
     Date                               


   47 U. S. C. S: 301.

   47 U. S. C. S: 154(i).

   47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314.

   47 U. S. C. S: 301.

   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 mV/m at three meters. 47 C.F.R. S:
   15.239. Agents from the Bureau took signal strength measurements on May
   26, 2010 and determined that the signals exceeded legal levels for
   unlicensed operation.

   See State of Florida vs. Alex Alcime, Case No. 09-015722CF VOP,
   11-015019CF, 10-017195CF, Application for Criminal Indigent Status, dated
   Feb. 28, 2011.

   47 C.F.R. S: 1.16.

   Federal Communications Commission  DA 11-1324

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   Federal Communications Commission  DA 11-1324

   Federal Communications Commission  DA 11-1324

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