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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Romayne Davis Oakland Park, Florida ) ) ) ) ) ) File No.:
   EB-FIELDSCR-12-00002931 NAL/Acct. No.: 201332600005 FRN: 0022583249




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: April 5, 2013 Released: April 5, 2013

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that Romayne Davis 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 89.5 MHz in
       Oakland Park, Florida. We conclude that Mr. Davis is apparently liable
       for a forfeiture in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. In response to a complaint received on June 21, 2012, 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 89.5 MHz and, on three separate
       occasions (i.e., June 22, July 11, and July 12, 2012), traced the
       source to an FM transmitting antenna located at a commercial property
       in Oakland Park, Florida. On June 22, 2012, the agents heard the
       unlicensed station conducting a live broadcast, during which the disc
       jockey (DJ) identified the station alternately as "Joker Boy E-N-T"
       and "Jungle Boy E-N-T," and announced the station's phone number. On
       July 11, 2012, the agents took signal strength measurements of the
       station's signal and determined that the signals on 89.5 MHz exceeded
       the limits for operation under Part 15 of the Commission's rules
       (Rules),^ and therefore required a license. The agents checked the
       Commission's records and confirmed that, in fact, no authorization was
       issued to Mr. Davis or to anyone else for operation of an FM broadcast
       station at or near the Oakland Park commercial property. On July 12,
       2012, the agents inspected the unlicensed radio station and found an
       FM transmitter connected to the externally mounted antenna via coaxial
       cable, which confirmed the ability of the station to broadcast.

    3. As part of the investigation, agents from the Miami Office also
       obtained a copy of the lease agreement for the Oakland Park commercial
       property housing the unlicensed radio station. The lease agreement was
       signed by a "Rome Davis," but it appears that "Rome" is just a short
       name or alternate first name used by Romayne Davis. Indeed, various
       information confirm that Rome Davis and Romayne Davis are one and the
       same individual--e.g., the birth date listed on the lease agreement
       for Rome Davis matches the birth date for Romayne Davis in official
       public records; ^ ^ and photographs of Rome Davis and Romayne Davis
       posted on an internet site show the same man.^ The agents also found
       that the lease agreement contained information connecting Mr. Davis to
       the station. In this respect, Mr. Davis listed his e-mail address on
       the agreement as "jokerboyentertainment@[redacted]," which is the same
       name that the agents heard during the station's broadcast on June
       22,2012. In addition, the agents found several webpages connecting Mr.
       Davis directly to "Jungle Boy ENT," "Joker Boy ENT," 89.5 MHz, and the
       telephone number that was broadcast on June 22, 2012.^ Finally, the
       Florida Department of State's Division of Corporations has public
       records that list Mr. Davis as the registered agent and managing
       member for a business called "Joker Boy Entertainment, LLC."^

   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.^ Section 312(f)(1) of the Act defines "willful" as the
       "conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law.^ The legislative
       history to Section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both Sections 312 and 503(b) of the Act,^ and
       the Commission has so interpreted the term in the Section 503(b)
       context.^  The Commission may also assess a forfeiture for violations
       that are merely repeated, and not willful.^  The term "repeated" means
       the commission or omission of such act more than once or for more than
       one day.^

   A. Unlicensed Broadcast Operations

    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.^
       For the purposes of Section 301, the word "operate" has been
       interpreted to mean both the technical operation of the station, as
       well as "the general conduct or management of a station as a whole, as
       distinct from the specific technical work involved in the actual
       transmission of signals."^ In other words, the use of the word
       "operate" in Section 301 captures not just the "actual, mechanical
       manipulation of radio apparatus,"^ but also operation of a radio
       station generally.^ To determine whether an individual is involved in
       the general conduct or management of the station, we can consider
       whether such individual exercises control over the station, which the
       Commission has defined to include ". . . any means of actual working
       control over the operation of the [station] in whatever manner
       exercised."^

    6. We find that the record evidence in this case is sufficient to
       establish that Mr. Davis violated Section 301 of the Act. As the
       record shows, agents from the Miami Office determined that, on June
       22, July 11, and July 12, 2012, an unlicensed radio station was
       operating on the frequency 89.5 MHz from a commercial property in
       Oakland Park, Florida, leased to Mr. Davis. On June 22, 2012, the
       agents heard the station engage in a live broadcast. A review of the
       Commission's records revealed that no license or authorization was
       issued to Mr. Davis or to anyone else to operate a radio station on
       89.5 MHz at this location, and we believe that it was Mr. Davis who
       was operating the station.

    7. As explained above with respect to Section 301, even if Mr. Davis was
       not physically operating the station, Mr. Davis still can be said to
       have "operated" the unlicensed radio on 89.5 MHz based on evidence
       showing that Mr. Davis exercised control over the station and its
       operations. In this respect, agents from the Miami Office confirmed
       that the commercial property housing the unlicensed station was leased
       by Mr. Davis, and the space appeared to be used primarily for the
       purposes of operating the unlicensed station.^ In addition, there is
       record evidence directly linking Mr. Davis to the station and its
       operations. On June 22, 2012, the agents heard the station identify
       itself on the air as "Joker Boy E-N-T" and announce the radio station
       telephone number on the air. This information is consistent with state
       corporation records showing that Mr. Davis registered a company called
       Joker Boy Entertainment, LLC, the same entity promoted in the
       broadcast. Agents also found information on several of Mr. Davis's
       webpages which connect him to the station on 89.5 MHz, "Joker Boy
       E-N-T", and the telephone number broadcast on the air. Moreover, the
       online postings that Mr. Davis created on his Facebook pages about the
       station and his company, Joker Boy Entertainment, LLC, suggest that
       Mr. Davis was using the unlicensed station, in large part, to generate
       advertising revenue and to promote the businesses he ran as CEO &
       President of Jungle Boy Entertainment.^ The foregoing facts support
       our finding herein that Mr. Davis consciously operated and/or
       otherwise was involved in the general conduct or management of the
       unlicensed radio station and did so on more than one day. We therefore
       conclude, based on the evidence before us, that Mr. Davis apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission equipment without the required Commission
       authorization.

   B. Proposed Forfeiture

    8. 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. Davis is apparently liable for a forfeiture in the
       amount of $10,000.

   IV. ORDERING CLAUSES

    9. 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 Commission's rules, Romayne Davis is
       hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
       amount of ten thousand dollars ($10,000) for violations of Section
       301of the Act.  ^

   10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's rules, within thirty (30) calendar days of the release
       date of this Notice of Apparent Liability for Forfeiture, Romayne
       Davis SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   11. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. Romayne Davis shall also send electronic
       notification on the date said payment is made to SCR-Response@fcc.gov.
       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.

   12. 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, ARINQUIRIES@fcc.gov.

   13.  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 1.16 and 1.80(f)(3) of the Rules.^ Mail the written statement
       to Federal Communications Commission, Enforcement Bureau, South
       Central Region, Miami Office, P.O. Box 520617, Miami, FL 33152-0617,
       and include the NAL/Acct. No. referenced in the caption. Romayne Davis
       also shall e-mail the written response to SCR-Response@fcc.gov.

   14. 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.

   15. 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 First Class Mail to Romayne Davis at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   ^ 47 C.F.R. 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 Lexis Nexis Enforcement Solutions database. The agents also
   confirmed that a "Rome Davis" is not listed in any official records.

   ^ See Facebook pages at
   [1]www.facebook.com/JUNGLE.BOY.ENTERTAINMENT#!/JUNGLE.BOY.ENTER-TAINMENT/photos
   (last visited March 26, 2013) and [2]www.facebook.com/rome.davis.5/photos
   (last visited March 26, 2013).

   ^ "Romayne Davis" is listed as the "CEO & President" of "Jungle Boy ENT.,"
   and the following information is listed in the description of "Jungle Boy
   ENT.": "Joker Boy ENT We are an all around Promotion company from clubs to
   concerts skys the limit." Facebook page at
   www.facebook.com/JUNGLE.BOY.ENTERTAINMENT (last visited June 26, 2012).
   Furthermore, a Facebook page for "Rome Davis" states that Mr. Davis works
   at Joker Boy Entertainment and contains photographs of Mr. Davis with
   captions reading "89.5 Joker Boy ENT" and "89.5 FM The Newest Radio
   Station [Phone Number Redacted]." Facebook page at
   www.facebook.com/rome.davis.5?fref=ts (last visited Oct. 25, 2012). There
   are also independent websites that connect Mr. Davis to the station. For
   example, a "Noozly.com" webpage
   (http://noozly.com/topic/sheem/100000992478149_396613320381747/ (last
   visited Nov. 14, 2012)) states:

   . . . ANY LOCAL ARTIST, CLUB, PROMOTER'S, LOCAL BUSINESS OWNERS LOOKING
   FOR ADVERTISEMENT ON THE RADIO LIVE ON AIR (89.5) INBOX ME OR GIVE ME A
   CALL AT [Phone Number Redacted] . . . ADD THE OFFICIAL JOKER BOY ENT PAGE
   J.B.E AND JOIN OUR GROUP Joker Boy Ent 89.5 FM EVERY DAY ALL DAY -Romayne
   Davis.

   We note that the redacted phone number matched the phone number that the
   station announced over the air on June 22, 2012.

   ^  Florida Department of State, Division of Corporations Homepage,
   [3]www.sunbiz.org (last visited June 21, 2012).

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

   ^ 47 U.S.C. S 312(f)(1).

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982) ("This provision
   [inserted in Section 312] defines the terms `willful' and `repeated' for
   purposes of section 312, and for any other relevant section of the act
   (e.g., Section 503) . . . . As defined[,] . . . `willful' means that the
   licensee knew that he was doing the act in question, regardless of whether
   there was an intent to violate the law. `Repeated' means more than once,
   or where the act is continuous, for more than one day. Whether an act is
   considered to be `continuous' would depend upon the circumstances in each
   case. The definitions are intended primarily to clarify the language in
   Sections 312 and 503, and are consistent with the Commission's application
   of those terms . . . .").

   ^  See, e.g., Application for Review of Southern California Broadcasting
   Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991), recons.
   denied, 7 FCC Rcd 3454 (1992).

   ^  See, e.g.,  Callais Cablevision, Inc., Notice of Apparent Liability for
   Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) (Callais
   Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable
   television operator's repeated signal leakage).

   ^ 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." See Callais Cablevision, Inc., 16 FCC Rcd  at
   1362.

   ^ 47 U.S.C. S 301.

   ^  See Campbell v. United States, 167 F.2d 451, 453 (5th Cir. 1948)
   (comparing the use of the words "operate" and "operation" in Sections 301,
   307, and 318 of the Act, and concluding that the word "operate" as used in
   Section 301 of the Act means both the technical operation of the station
   as well as the general conduct or management of the station).

   ^  Id.

   ^  Id. See also 47 U.S.C S 307(c)(1).

   ^ See Revision of Rules and Policies for the Direct Broadcast Satellite
   Service, 11 FCC Rcd 9712, 9747 (1995), recons. denied, DIRECTV, Inc. v.
   FCC, 110 F.3d 816 (D.C. Cir. 1997).

   ^ If Mr. Davis were to insist that other individuals were involved in
   operating the station, Mr. Davis nevertheless was instrumental in
   providing the ability of the unlicensed station to operate.

   ^ See supra note 5.

   ^  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), recons.
   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. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314, 1.80.

   ^  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.

   ^ 47 C.F.R. SS 1.16, 1.80(f)(3).

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission DA 13-604

                                       3

   Federal Communications Commission DA 13-604

References

   Visible links
   1. http://www.facebook.com/JUNGLE.BOY.ENTERTAINMENT#!/JUNGLE.BOY.ENTERTAINMENT/photos
   2. http://www.facebook.com/rome.davis.5/photos
   3. http://www.sunbiz.org/