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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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