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                                   Before the

   Federal Communications Commission

   Washington, D.C. 20554

   In the Matter of Fabrice Polynice North Miami, Florida ) ) ) ) ) ) File
   No.: EB-FIELDSCR-12-00004798 NAL/Acct. No.: 201332600001 FRN: 0022240279

                                FORFEITURE ORDER

   Adopted: April 4, 2013 Released: April 4, 2013

   By the Regional Director, South Central Region, Enforcement Bureau:


    1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
       the amount of twenty- five thousand dollars ($25,000) to Fabrice
       Polynice for willfully and repeatedly violating Section 301  of the
       Communications Act of 1934, as amended (Act).^ The noted violations
       involved Mr. Polynice's operation of an unlicensed radio station on
       the frequency 90.1 MHz in North Miami, Florida.


    2. On December 5, 2012, the Enforcement Bureau's Miami Office (Miami
       Office) issued a Notice of Apparent Liability for Forfeiture  (NAL) ^
       in the amount of $25,000 to Mr. Polynice for violating Section 301 of
       the Act.^ As reflected in the NAL, on six different days during March
       to July 2012, agents from the Miami Office determined that an
       unlicensed radio station was operating on the frequency 90.1 MHz from
       three different locations in North Miami, Florida. Among other things,
       the agents heard a DJ identify himself as "DJ Paz"; refer to the
       station as "Touche Douce" (a name associated with Mr. Polynice's
       business) on the air; and announce Mr. Polynice's personal telephone
       number as the station's telephone number. In all, the Bureau found
       that the record evidence established that Mr. Polynice was DJ "Paz"
       and that it was Mr. Polynice who operated the unlicensed radio
       station. In response to the NAL, Mr. Polynice denies that he operated
       an unlicensed station and, therefore, requests cancellation of the
       forfeiture. ^ ^ While Mr. Polynice admits that he developed the brand
       name "Touche Douce" and is "DJ Paz," he states that his brand is
       "widely known, copied, imitated, and infringed upon."^ He claims that,
       as such, someone else may have used his name or rebroadcast one of his
       Internet shows without his permission.^ He also reiterates that he is
       a DJ; and that he operates a legitimate internet radio station, but
       not an illegal unlicensed broadcast radio station.^


    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.
       Polynice'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.^

    4. We affirm the NAL's finding that Mr. Polynice violated Section 301 of
       the Act by operating an unlicensed radio station on the frequency 90.1
       MHz on six different days during March to July 2012 from three
       different locations in North Miami.^ 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.^ While Mr. Polynice admits
       that he is DJ Paz and that he created the brand "Touche Douce," he
       alleges that "after he discontinued operating the underground station,
       other individuals . . . have begun operating on the same dial (radio
       frequency) using that name but with different shows," and that they
       may have rebroadcast his DJ Paz show from the Internet without
       permission.^ Mr. Polynice, however, did not submit any evidence to
       support his allegations. We find that the available record evidence
       instead supports our conclusion that Mr. Polynice did, in fact,
       operate an unlicensed broadcast radio station on 90.1 FM. In this
       regard, Mr. Polynice has acknowledged the unlicensed radio station on
       90.1 FM on his webpages. There are multiple webpages that contain
       posts from DJ Paz that he is "live on the air" on station 90.1 FM, and
       the posts also reference Mr. Polynice's personal phone number.^ If Mr.
       Polynice only operated an Internet radio station, it is unlikely that
       he would encourage listeners of his Internet program to tune in "live"
       to an unlicensed radio station on 90.1 FM operated (supposedly) by
       others; nor would the Internet site he controls mention the unlicensed
       FM station. Given the foregoing, we find Mr. Polynice's claim that
       someone else operated the unlicensed broadcast radio station
       unconvincing and, therefore, deny his request for forfeiture
       cancellation.^ We conclude that Mr. Polynice willfully and repeatedly
       violated Section 301 of the Act by operating radio transmission
       equipment without the required Commission authorization, and that the
       $25,000 forfeiture is warranted.^


    5. 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, Fabrice
       Polynice IS LIABLE FOR A MONETARY FORFEITURE in the amount of
       twenty-five thousand dollars ($25,000) for violations of Section 301
       of the Act.^

    6. 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.^  Fabrice Polynice shall send electronic
       notification of payment to 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

     * 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.

   7. 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]

   8. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
   sent by both First Class Mail and Certified Mail, Return Receipt
   Requested, to Fabrice Polynice at his address of record and to his
   counsel, Ovide Val, at 1031 Ives Dairy Rd, Suite 228, Aventura, FL 33179.


   Dennis P. Carlton

   Regional Director, South Central Region

   Enforcement Bureau

   ^ 47 U.S.C. S 301.

   ^ Fabrice Polynice, Notice of Apparent Liability for Forfeiture, 27 FCC
   Rcd 15079 (Enf. Bur. 2012) (NAL). A comprehensive recitation of the facts
   and history of this case can be found in the NAL and is incorporated
   herein by reference.

   ^ See Letter from Ovide Val, Attorney for Fabrice Polynice, to Miami
   Office, South Central Region, Enforcement Bureau, at 1 (Jan. 4, 2013) (on
   file in EB-FIELDSCR-12-00004798) (NAL Response).

   ^ Id.

   ^ Id.

   ^ Id. at 2.

   ^ 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.

   ^ NAL Response at 1.

   ^ See, e.g., Facebook page at [2] (last
   visited Oct. 12, 2012) ("Touche Douce does it all. Our radio station  and
   wireless store is located at [address redacted], Miami, FL 33161 . . .
   Make sure listen to the radio show on 90.1 . . . DJ Paz Official Birthday
   Bash . . . [phone number redacted]."); Myspace page at
   [3] (last visited Oct. 12, 2012) ("Touche
   Douce 90.1 FM . . . For more information call [phone number redacted] . .
   . ."); Twitter page at [4]!/touchedouce/ (last visited
   Oct. 12, 2012) ("tweet" from "touchedouce" states "Dj Paz live on
   Toucedouce 901fm"). Recent posts also indicate that Mr. Polynice a/k/a DJ
   Paz is still broadcasting on 90.1 FM. See Facebook page "Touchedouce Paz"
   at (last visited Feb. 21,
   2013) ("Ur director DJ Paz is Live on the Air" . . . "Tune in 901FM [phone
   number redacted]").

   ^ A review of the Commission's records also confirms that no license or
   authorization was issued to anyone to operate a radio station on 90.1 MHz
   at any of the three locations in North Miami.

   ^ We note that Mr. Polynice, in his response to the NAL, did not allege an
   inability to pay a $25,000 forfeiture.

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

   ^ 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

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

   Federal Communications Commission DA 13-605


   Federal Communications Commission DA 13-605


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