Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
     In the Matter of       File No.: EB-08-NY-053      
                        )                               
     Alexander Kissi        NAL/Acct. No: 200832380010  
                        )                               
     Bronx, New York        FRN: 0017 5841 29           
                        )                               
                                                        
                        )                               


                          Memorandum opinion and order

   Adopted: April 20, 2012 Released: April 20, 2012

   By the Chief, Enforcement Bureau:

   I. Introduction

    1. In this Memorandum Opinion and Order, issued pursuant to Section 405
       of the Communications Act of 1934, as amended (Act), and Section 1.106
       of the Commission's rules (Rules), we deny the Petition for
       Reconsideration (Petition)  filed by Alexander Kissi. Mr. Kissi seeks
       reconsideration of a Forfeiture Order imposing a $10,000 forfeiture
       for his willful and repeated operation of an unlicensed radio
       broadcast station on the frequency 96.5 MHz in Bronx, New York. For
       the reasons set forth below, the Petition is denied.

   II. Background

    2. On February 28, 2008, and March 1, 2008, agents in the Enforcement
       Bureau's New York Office (New York Office) used direction-finding
       techniques to identify the source of radio frequency transmissions on
       the frequency 96.5 MHz from a two-story building at 3944 White Plains
       Road in Bronx, New York. On both days, the agents determined that the
       signals exceeded the limits for operation under Part 15 of the Rules,
       and therefore required a license. According to Commission records, no
       authorization was issued to Mr. Kissi or to anyone for operation of an
       FM broadcast station at or near this address on this frequency.

    3. After completing the field strength measurements on March 1, 2008, the
       agents returned to 3944 White Plains Road to conduct a station
       inspection. The agents spoke to a man who worked there and a woman who
       was doing a live radio broadcast from a small broadcast studio. In
       response to agents' questions about the radio station, both the man
       and the woman stated that Alexander Kissi was in charge of the
       station, but that he was not there at the time. The agents reached Mr.
       Kissi by phone on March 6, 2008, at which time Mr. Kissi took full
       responsibility for operation of the station.

    4. On June 18, 2008, the New York Office issued Mr. Kissi a Notice of
       Apparent Liability for Forfeiture (NAL), finding that Mr. Kissi
       apparently willfully and repeatedly violated Section 301 of the Act by
       operating an unlicensed radio transmitter on the frequency 96.5 MHz in
       Bronx, New York and proposing a forfeiture in the amount of $10,000.
       Mr. Kissi did not file a response to the NAL, and on September 11,
       2008, the Enforcement Bureau's Northeast Region issued a Forfeiture
       Order affirming the findings in the NAL and assessing a $10,000
       forfeiture.

    5. In the Petition, Mr. Kissi provides no explanation for his failure to
       respond to the NAL. Mr. Kissi concedes that the unlicensed
       transmissions came from his radio transmitting equipment, but claims
       now, for the first time, that he was out of town at the time of the
       unlicensed transmissions. More specifically, he alleges that a
       construction worker stole his radio transmission equipment for the
       purpose of selling it and that when the construction worker was doing
       equipment tests, he mistakenly left the equipment running for several
       days.

   III. Discussion

    6. A petition for reconsideration that relies on facts not previously
       presented to the designated authority will be entertained only if: (1)
       the designated authority (the Bureau in this instance) determines that
       consideration of the new facts is required to serve the public
       interest; (2) the petition relies on facts that relate to events that
       occurred or circumstances that have changed since the last opportunity
       to present such matters; or (3) the petition relies on facts unknown
       to the petitioner until after his last opportunity to present such
       matters. For the reasons discussed below, we find that
       reconsidera-tion is not warranted and the Petition is denied.

    7. We conclude that Mr. Kissi does not meet any of the three criteria
       that would allow the Bureau to consider his Petition. While Mr. Kissi
       accepted responsibility for the unauthorized operation just five days
       after the violation, he now asserts for the first time that a
       construction worker stole his radio transmission equipment and left
       the equipment running on the days in question. Because Mr. Kissi's new
       claim regarding the theft of his radio transmission equipment directly
       contradicts his March 6, 2008, admission to an FCC agent that he was
       fully responsible for the operation of the station on February 28,
       2008, and March 1, 2008, we are not persuaded to reconsider our
       previous finding. We find no basis for disregarding Mr. Kissi's March
       6, 2008, statement, which is memorialized in the agent's
       contempo-raneous handwritten notes. Given that we find this
       newly-presented information unsubstantiated and unreliable, we do not
       believe that further consideration of the Petition would serve the
       public interest. Nor do we find it likely that circumstances have
       changed or that relevant facts were unknown to Mr. Kissi at the time
       of his earlier statement such that reconsideration of the Forfeiture
       Order is warranted. For these reasons, we find no basis for
       reconsideration and therefore affirm the finding in the Forfeiture
       Order that Mr. Kissi willfully and repeatedly violated Section 301 of
       the Act.

   IV. ordering clauses

    8. Accordingly, IT IS ORDERED that, pursuant to Section 405 of the
       Communications Act of 1934, as amended, and Section 1.106 of the
       Commission's rules, the Petition for Reconsideration filed by
       Alexander Kissi  IS DENIED.

    9. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules,
       Alexander Kissi  IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       ten thousand dollars ($10,000) for violations of Section 301 of the
       Act.

   10. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the rules within thirty (30) calendar days of the
       release of this Memorandum Opinion and Order. If the forfeiture is not
       paid within the period specified, the case may be referred to the
       Department of Justice for enforcement pursuant to Section 504(a) of
       the Act. 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 NAL/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.   Please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
       Alexander Kissi shall also send electronic notification to
       NER-Response@fcc.gov on the date said payment is made.

   11. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
       sent by both regular mail and by certified mail, return receipt
       requested, to Alexander Kissi at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief, Enforcement Bureau

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   Bishop Alexander Kissi, Universal African Brotherhood Ministries, Request
   for Pardon (Nov. 14, 2008) (on file in EB-08-NY-053). Although the
   document is styled as a "Request for Pardon," Mr. Kissi's request for
   pardon seeks cancellation or reduction of the forfeiture, and thus we are
   treating it as a petition for reconsideration.

   Alexander Kissi, Forfeiture Order, 23 FCC Rcd 13338 (Enf. Bur. 2008)
   (Forfeiture Order).

   Part 15 of the Rules sets out the conditions and technical requirements
   under which certain radio transmission devices may be used without a
   license. 47 C.R.F. S: 15.1 et seq. 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.

   During the inspection, the agents provided the woman a handwritten Notice
   of Unlicensed Operation (NOUO), which was addressed to her and Mr. Kissi,
   warning both that operation of the unlicensed radio station on 96.5 MHz
   violated Section 301 of the Act, and outlining the potential penalties for
   operating an unlicensed station, including seizure of the equipment,
   fines, and imprisonment. The NOUO also directed Mr. Kissi to cease
   operation.

   The New York Office issued Mr. Kissi a NOUO on March 3, 2008, warning him
   that operation of the unlicensed radio station on 96.5 MHz violated
   Section 301 of the Act and outlining the potential penalties for operating
   an unlicensed station, including seizure of the equipment, fines, and
   imprisonment. Alexander Kissi, Notice of Unlicensed Operation (Enf. Bur.,
   New York Office, rel. Mar. 3, 2008). The NOUO  also directed Mr. Kissi to
   terminate operation of the unlicensed station immediately. We note that
   Mr. Kissi previously received a NOUO on September 9, 2002, regarding
   operation of an unlicensed station on 87.9 MHz, also at 3944 White Plains
   Road. Alexander Kissi, Notice of Unlicensed Operation (Enf. Bur., New York
   Office, rel. Sept. 9, 2002).

   47 U.S.C. S: 301.

   Alexander Kissi, Notice of Apparent Liability for Forfeiture, NAL/Acct.
   No. 200832380010 (Enf. Bur., New York Office 2008) (NAL).

   See supra note 4.

   Petition at 1.

   Id. Mr. Kissi also states in the Petition that the FM transmitter that the
   construction worker stole was old and had not been used since 2000. Id.
   Mr. Kissi reports that, since 2000, he had been using an AM transmitter
   that complied with Part 15 of the Rules. Id.

   47 C.F.R. S:1.106(c).

   We also note that the dates Mr. Kissi claims he was out of town post-date
   the dates on which the agents observed the unlicensed operation.
   Specifically, Mr. Kissi claims in the Petition that "[f]our months ago I
   traveled for three weeks." Petition at 1. The Petition was filed on
   November 14, 2008, so four months prior to that date would be sometime in
   July 2008. The violations at issue here, however, occurred in February
   2008 and March 2008.

   Because we do not reconsider our reliance on Mr. Kissi's March 6, 2008,
   statement to the FCC agent, we need not determine when Mr. Kissi became
   aware of the facts underlying his new claims.

   47 U.S.C. S: 405.

   47 C.F.R. S: 1.106.

   47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).

   47 U.S.C. S: 504(a).

   (Continued from previous page)

   (continued....)

   Federal Communications Commission DA 12-570

   4

   Federal Communications Commission DA 12-570