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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
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 4, 2011 Released: May 5, 2011
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we find that Alex
Alcime ("Mr. Alcime"), apparently willfully and repeatedly violated
section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on the frequency 95.7 MHz in
Fort Myers, Florida. We conclude that Mr. Alcime is apparently liable
for a forfeiture in the amount of ten thousand dollars ($10,000).
II. BACKGROUND
2. On May 26, 2010, in response to a complaint of an unlicensed radio
station broadcasting in Fort Myers, Florida, agents from the
Enforcement Bureau's Tampa Office ("Tampa Office") used
direction-finding techniques to locate the source of radio frequency
transmissions on the frequency 95.7 MHz to a residence in Fort Myers,
Florida. The agents 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. According to
Commission records, no person or entity, including Mr. Alcime, holds
an authorization to broadcast on this frequency from this location.
Agents from the Tampa Office also observed the station in operation at
the same location on May 27 and May 28, 2010.
3. While monitoring the station on May 26 and May 27, 2010, agents from
the Tampa Office heard a male voice identify himself as Disc Jockey
("DJ") "Short Dawg." The agents also found several photographs of an
individual identified as DJ "Short Dawg" and an advertisement for DJ
"Short Dawg" and radio station 95.7 MHz on the internet.
4. On June 3, 2010, agents from the Tampa Office inspected the unlicensed
radio station when it was on the air and interviewed Mr. Alcime as he
was leaving the residence. The agents recognized Mr. Alcime's face and
voice as the voice of DJ "Short Dawg" from his pictures and
advertisements on the internet and his radio broadcasts. Mr. Alcime
also admitted to the agents that he was DJ "Short Dawg."
III. DISCUSSION
5. 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) 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.
6. 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. On May 26, 27, 28, and
June 3, 2010, agents from the Tampa Office determined that an
unlicensed radio station was operating on 95.7 MHz from a residence in
Fort Myers, Florida. As discussed above, the operator of the station
on May 26 and 27, 2010 was a male who identified himself as DJ "Short
Dawg." The agents determined that Mr. Alcime was DJ "Short Dawg", a
fact which Mr. Alcime himself admitted during the Commission's
interview on June 3, 2010. Because Mr. Alcime consciously operated the
station, we find that the apparent violation was willful. Moreover,
because the operation occurred on more than one day, we find that the
apparent violation was repeated. Based on the evidence before us, we
find that Mr. Alcime apparently willfully and repeatedly violated
section 301 of the Act by operating radio transmission equipment
without the required Commission authorization.
7. Pursuant to the Commission's 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, any 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 Mr. Alcime is apparently liable for a $10,000 forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204,
0.311, 0.314 and 1.80 of the Rules, Alex Alcime is hereby NOTIFIED of
this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for violations of section 301 of the Act.
9. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture, Alex Alcime SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking
reduction or cancellation of the proposed forfeiture.
10. 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
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. For questions about payment, contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. Also, Mr. Alcime shall send an email notification
to SCR-Response@fcc.gov on the date said payment is made.
11. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.80(f)(3) and 1.16 of the Rules. The written statement.
shall be mailed to Federal Communications Commission, Enforcement
Bureau, South Central Region, Tampa Office, 4010 W. Boy Scout Blvd.,
Suite 425, Tampa, Florida 33607, and must include the NAL/Acct. No.
referenced in the caption. The written statement shall also be emailed
to SCR-Response@fcc.gov.
12. 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.
13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Alex Alcime at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph Barlow
District Director,
Tampa Office
Southeast Region
Enforcement Bureau
47 U.S.C. S: 301.
The agents observed an antenna mounted to a pole next to the residence.
Part 15 of the Rules sets out the conditions and technical requirements
under which certain radio transmission devices may be used without a
license. In relevant part, 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.
On May 18, 2010, an agent from the Tampa Office found an advertisement for
95.7 MHz, "Peace in Da Hood Radio" which listed a "DJ Short Dawg."
www.mypace.com/95.7radio/photos. A separate photograph of "DJ Short Dawg"
was posted at http://www.myspace.com/dj_short_dogg on May 18, 2010.
47 U.S.C. S: 503(b).
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, e.g., Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
FCC Rcd 3454 (1992).
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.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314, 1.80.
See 47 C.F.R. S: 1.1914.
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(continued....)
Federal Communications Commission DA 11-829
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Federal Communications Commission DA 11-829