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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Recardo Millwood Bronx, New York ) ) ) ) ) ) File No:
   EB-10-NY-0486 NAL/Acct. No: 201132380005 FRN: 0020635678




                                FORFEITURE ORDER

   Adopted: February 22, 2013 Released: February 22, 2013

   By the Regional Director, Northeast Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of four thousand dollars ($4,000) to Recardo Millwood for
       willfully and repeatedly violating Section 301 of the Communications
       Act of 1934, as amended (Act).^ The noted violations involved Mr.
       Millwood's operation of an unlicensed radio transmitter on the
       frequency 88.9 MHz in Bronx, New York.

   II. BACKGROUND

    2. On May 12, 2011, the Enforcement Bureau's New York Office issued a
       Notice of Apparent Liability for Forfeiture  (NAL) ^ ^ to Mr. Millwood
       for operating an unlicensed radio station. In response to the NAL, Mr.
       Millwood admits to, and apologizes for, the violations, but
       nonetheless requests cancellation of the proposed $20,000 forfeiture
       because of his inability to pay.^

   III. DISCUSSION

    3. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act,^ Section 1.80 of the Commission's
       rules (Rules),^ and the Forfeiture Policy Statement.^ In examining Mr.
       Millwood's response, Section 503(b)(2)(E) of the Act requires that the
       Commission take into account the nature, circumstances, extent, and
       gravity of the violation 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.^ As discussed below, we
       have considered Mr. Millwood's response in light of these statutory
       factors, and find that a reduction of the forfeiture is warranted
       based solely on his inability to pay claim.

    4. We affirm the NAL's finding that Mr. Millwood violated Section 301 of
       the Act.^ 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.^ As reflected in the NAL, Mr. Millwood admitted
       to operating an unlicensed radio station on the frequency 88.9 MHz
       from 3870 White Plains Road in Bronx, New York, on October 6, 14, and
       29, 2010, and on November 3, 2010.^ Because Mr. Millwood does not
       dispute the factual findings in the NAL, we conclude that Mr. Millwood
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment without the required Commission
       authorization.

    5. In response to the NAL, Mr. Millwood nonetheless requests cancellation
       of the $20,000 forfeiture based on his inability to pay.^ With regard
       to an individual or entity's inability to pay claim, the Commission
       has determined that, in general, gross income or revenues are the best
       indicator of an ability to pay a forfeiture.^ Based on the financial
       documents provided by Mr. Millwood, we find sufficient basis to reduce
       the forfeiture to $4,000.^ We deny, however, Mr. Millwood's request
       for cancellation of the forfeiture because the reduced forfeiture
       amount would not serve as a financial hardship in view of Mr.
       Willwood's documented gross income. In addition, Mr. Millwood also has
       not provided any other basis that would serve to justify cancellation
       of the forfeiture. We caution Mr. Millwood that a party's inability to
       pay is only one factor in our forfeiture calculation analysis, and is
       not dispositive.^ We have previously rejected inability to pay claims
       in cases of repeated or otherwise egregious violations.^ Therefore,
       future violations of this kind may result in significantly higher
       forfeitures that may not be reduced due to Mr. Millwood's financial
       circumstances.

   IV. ORDERING CLAUSES

    6. 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(f)(4) of the Commission's rules, Recardo
       Millwood IS LIABLE FOR A MONETARY FORFEITURE in the amount of four
       thousand dollars ($4,000) for violations of Section 301 of the Act.^

    7. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules within thirty (30) calendar days after the
       release date of this Forfeiture Order.^  If the forfeiture is not paid
       within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.^  Recardo Millwood shall send electronic
       notification of payment to NER-Response@fcc.gov on the date said
       payment is made. The payment must be made by check or similar
       instrument, wire transfer, or credit card, and must include the
       NAL/Account number and FRN referenced above. Regardless of the form of
       payment, a completed 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).   Below are additional
       instructions you should follow based on the form of payment you
       select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   8. Any request for full payment under an installment plan should be sent
   to:  Chief Financial Officer--Financial Operations, Federal Communications
   Commission, 445 12th Street, S.W., Room 1-A625, Washington, D.C.
   20554.^  If you have questions regarding payment procedures, please
   contact the Financial Operations Group Help Desk by phone, 1-877-480-3201,
   or by e-mail, [1]ARINQUIRIES@fcc.gov. 9. IT IS FURTHER ORDERED that a copy
   of this Order shall be sent by both First Class and Certified Mail, Return
   Receipt Requested, to Recardo Millwood at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   G. Michael Moffitt

   Regional Director

   Northeast Region

   Enforcement Bureau

   ^ 47 U.S.C. S 301.

   ^ Recardo Millwood, Notice of Apparent Liability for Forfeiture, 26 FCC
   Rcd 6774 (Enf. Bur. 2011). A comprehensive recitation of the facts and
   history of this case can be found in the NAL and is incorporated herein by
   reference.

   ^ Letter from Recardo Millwood to New York Office, Northeast Region,
   Enforcement Bureau (June 10, 2011) (on file in EB-10-NY-0486) (NAL
   Response).

   ^ 47 U.S.C. S 503(b).

   ^ 47 C.F.R. S 1.80.

   ^ 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), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

   ^ 47 U.S.C. S 503(b)(2)(E).

   ^ See NAL, supra note 2.

   ^ 47 U.S.C. S 301.

   ^ See NAL, 26 FCC Rcd at 6776, para. 8.

   ^ See NAL Response, supra note 3.

   ^ See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
   2088, 2089 (1992) (forfeiture not deemed excessive where it represented
   approximately 2.02 percent of the violator's gross revenues); Local Long
   Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
   deemed excessive where it represented approximately 7.9 percent of the
   violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
   Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
   represented approximately 7.6 percent of the violator's gross revenues).

   ^ This forfeiture amount falls within the percentage range that the
   Commission has previously found acceptable. See supra note 10.

   ^ See 47 U.S.C. S 503(b)(2)(E) (requiring the Commission to take into
   account the nature, circumstances, extent, and gravity of the violation
   and, with respect to the violator, the degree of culpability, any history
   of prior offenses, ability to pay, and such other matters as justice may
   require).

   ^ Whisler Fleurinor, Forfeiture Order, DA 13-175 (Enf. Bur. rel. Feb. 8,
   2013) (finding that violator's demonstrated inability to pay was
   outweighed by repeated operation of an unlicensed radio station); Kevin W.
   Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011) (holding that
   violator's repeated acts of malicious and intentional interference
   outweigh evidence concerning his ability to pay); Hodson Broadcasting
   Corp., Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur. 2009) (holding that
   permittee's continued operation at variance with its construction permit
   constituted an intentional and continuous violation, which outweighed
   permittee's evidence concerning its ability to pay the proposed
   forfeitures).

   ^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
   1.80(f)(4).

   ^ 47 C.F.R. S 1.80.

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

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^ See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 13-263

   3

   Federal Communications Commission DA 13-263

References

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   1. mailto:ARINQUIRIES@fcc.gov