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.

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



Federal Communications Commission DA 17-244
      
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Charles Philome
Pompano Beach, FL   
)
)
)
)
)
File No.:  EB-FIELDSCR-16-00021884
NAL/Acct. No.:  201732600001 
FRN:  0026005926
FORFEITURE ORDER
Adopted: March 14, 2017            Released:  March 15, 2017
By the Regional Director, Region Two, Enforcement Bureau:
1. We impose a penalty of $20,000 against Charles Philome (Mr. Philome) for operating an 
unauthorized radio station on 88.7 MHz and 90.1 MHz from three different locations in Pompano Beach 
and Margate, Florida.  Commission agents had previously observed Mr. Philome operate a radio station 
without authorization.
1
They had also warned Mr. Philome that operation of this unlicensed station was 
illegal and that continued operation could result in further enforcement action in written notices of 
unlawful operation on December 2, 2015 and on August 29, 2016.
2
On December 11, 2015, on a call 
with one of the agents, Mr. Philome admitted that he was operating the station, and the agent warned him 
orally that continuing to operate the station without authorization was illegal.
3
Despite the Commission’s 
warnings, Mr. Philome continued to operate the station without authorization.
4
  
2. Subsequently, on November 3, 2016, the Enforcement Bureau issued a Notice of 
Apparent Liability for Forfeiture (NAL) proposing a $20,000 forfeiture against Mr. Philome for willful 
and repeated violation of Section 301 of the Communications Act of 1934, as amended (Act),
5
by 
operating an unlicensed radio station.
6
  Mr. Philome has not filed a response to the NAL.
7
  Based on the 
information before us, we affirm the forfeiture proposed in the NAL.
                                                     
1
  The agents confirmed by direction finding techniques that radio signals on frequency 88.7 MHz in Pompano 
Beach, Florida were emanating from Mr. Philome’s place of business in Pompano Beach, Florida on December 2, 
2015, and on frequency 90.1 MHz on July 16, 2016, and on frequency 90.1 MHz at Mr. Philome’s place of business 
in Margate, Florida on February 2, 2016.  See Charles Philome, Notice of Unlicensed Operation (Dec. 2, 2015); 
Charles Philome, Notice of Unlicensed Operation (Aug. 29, 2016).  
2
See Charles Philome, Notice of Unlicensed Operation (Dec. 2, 2015); Charles Philome, Notice of Unlicensed 
Operation (Aug. 29, 2016).  
3
Charles Philome, Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 11960, 11962 (EB 2016)(NAL).  
4
The NAL includes a more complete discussion of the facts and history of this case and is incorporated herein by 
reference.  
5
47 U.S.C. § 301. 
6
NAL, 31 FCC Rcd at 11960-62, paras. 2-7. The Commission received confirmation that the NAL was delivered to 
Mr. Philome on November 7, 2016.
7
Mr. Philome contacted the Bureau by telephone on January 27, 2017, asking us to return his call.  Bureau staff 
returned his telephone call and found that his voice mail box was full.  Bureau staff then sent a text message, 
inviting him call again.  Mr. Philome called a second time on February 2, 2017, and left a voicemail message stating 
that he received a notice from the Commission, but that he is not involved with a radio station.  Bureau staff called 
again, on February 17, 2017, to ask if he had any further information to provide.  Mr. Philome has not returned that 
call. Mr. Philome’s left his voice mail arguing that he was not involved with the station two months after the due 
(continued….)
Federal Communications Commission DA 17-244
      
2
3. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
8
and Section 
1.80 of the Commission’s rules (Rules),
9
and Sections 0.111, 0.204, and 0.311 of the Rules,
10
Mr. 
Philome IS LIABLE FOR A MONETARY FORFEITURE in the amount of twenty thousand dollars 
($20,000) for willfully and repeatedly violating Section 301 of the Act.
11
4. 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.
12
  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.
13
  
5. 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.  Mr. Philome shall 
send electronic notification of payment to Janet Moran at Janet.Moran@fcc.gov on the date said payment 
is made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be 
submitted.
14
  When completing the 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 that should be followed based on the form of payment selected:
? 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.
(Continued from previous page)                                                            
date for filing a response to the NAL, and a written statement was not filed in compliance with the filing instructions 
in the NAL.  See NAL, 31 FCC Rcd at 11964, para. 13, 11965, para. 16.  Furthermore, as a separate and independent 
basis for rejecting Mr. Philome’s contention, we note that he has not provided any substantive basis for questioning 
the evidence in the NAL which supports the conclusion that he was the operator of the unauthorized station.  See 
NAL, 31 FCC Rcd at 11960-62, paras. 2-7 (noting that, on four occasions, November 18, 2015; February 2, 2016; 
July 16, 2016; and September 12, 2016; Agents from the Bureau’s Miami Field Office used direction-finding 
techniques to locate Mr. Philome’s unlicensed radio transmitter, and observed him operating that transmitter on each 
of those occasions).  
8
47 U.S.C. § 503(b).
9
47 CFR § 1.80.
10
47 CFR §§ 0.111, 0.204, 0.311.
11
47 U.S.C. § 301.
12
47 CFR § 1.80.
13
47 U.S.C. § 504(a).
14
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 17-244
      
3
6. Any request for making full payment over time under an installment plan should be sent 
to: Chief Financial Officer – Financial Operations, Federal Communications Commission, 445 12th 
Street, SW, Room 1-A625, Washington, DC 20554.
15
  Questions regarding payment procedures should be 
directed to the Financial Operations Group Help Desk by telephone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
7. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be sent by first 
class mail and certified mail, return receipt requested, to Charles Philome at his address of record.  
FEDERAL COMMUNICATIONS COMMISSION
Ronald D. Ramage
Regional Director
Region Two
Enforcement Bureau
                                                     
15
See 47 CFR § 1.1914.