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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File No: EB-10-MA-0140
Antonio Robinson ) NAL/Acct. No: 201132600005
Miami, Florida ) FRN: 0020835781
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 4, 2011 Released: May 5, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we find that
Antonio Robinson ("Mr. Robinson") 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
105.5 MHz from his commercial suite in Miami, Florida. We conclude
that Mr. Robinson is apparently liable for a forfeiture in the amount
of ten thousand dollars ($10,000).
II. BACKGROUND
2. On June 29, 2010, and again on July 19, 2010, agents from the
Enforcement Bureau's Miami Office ("Miami Office") used
direction-finding techniques to locate the source of radio frequency
transmissions on the frequency 105.5 MHz to a commercial building at
20401 NW 2nd Ave, Miami, Florida. On July 19, 2010, the agents
determined that the signals exceeded the limits for operation under
Part 15 of the Commission's rules ("Rules"), and therefore required a
license. Commission records showed no authorization issued to Mr.
Robinson, or for any operation of an FM broadcast station on this
frequency, at or near this address.
3. Also, on July 19, 2010, agents from the Miami Office inspected the
unlicensed radio station located in Suite 207, a commercial suite
rented by Mr. Robinson, and found Mr. Robinson was the only person
present. By tracing the coaxial cable from the antenna into the suite,
agents found the unlicensed transmitter in the ceiling of Suite 207.
The transmitter's display read 105.5 MHz. Florida state corporation
records list Mr. Robinson as the owner of a business, "Hittbreaker
Worldwide DJ's," with the same Suite 207 address. The telephone number
provided by Mr. Robinson to the agents at the time of the inspection
matched a telephone number listed on a webpage for "Hittbreaker Radio
105.5 FM."
III. DISCUSSION
4. 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) of the Act 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.
5. 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. On
June 29, 2010, and again on July 19, 2010, Mr. Robinson operated an
unlicensed radio station on the frequency 105.5 MHz from a leased
commercial suite in Miami, Florida. A review of the Commission's
records revealed that Mr. Robinson did not have a license to operate a
radio station on this frequency at this location. Because Robinson
consciously and deliberately operated the station, we find the
apparent violation willful. Because the operation occurred on more
than one day, the apparent violation was repeated. Based on the
evidence before us, we find that Mr. Robinson apparently willfully and
repeatedly violated section 301 of the Act by operating radio
transmission equipment without the required Commission authorization.
6. 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. Robinson is apparently liable for a forfeiture in the amount
of $10,000.
IV. ORDERING CLAUSES
7. 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, Antonio Robinson is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for violation 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, Antonio Robinson 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. Antonio Robinson shall also
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, Miami Office, P.O. Box 520617, Miami, FL 33152-0617, and must
include the NAL/Acct. No. referenced in the caption. Antonio Robinson
shall also email the response 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 Antonio Robinson at 20401 NW 2nd Ave,
Suite 207, Miami, Florida 33169.
FEDERAL COMMUNICATIONS COMMISSION
Stephanie Dabkowski
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
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.
See www.myspace.com/djsshowtimemiamifranchise, visited July 20, 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 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: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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Federal Communications Commission DA 11-833
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Federal Communications Commission DA 11 -833