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Federal Communications Commission DA 18-50
1
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Kedner Maxime
Oakland Part, FL
)
)
)
)
)
)
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File No.: EB-FIELDSCR-15-00020432
Acct. No.: 201632600002
FRN: 0025807728
ORDER
Adopted: January 18, 2018 Released: January 19, 2018
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has
entered into a Consent Decree to resolve its investigation into whether Kedner Maxime (Maxime)
operated an unauthorized radio station on 102.1 and 89.1 MHz from two different locations in Broward
County, Florida. Unlicensed radio stations create a danger of interference to licensed communications,
including other broadcasters, aviation, and public safety frequencies. Such operations also undermine the
Commission’s authority over broadcast radio operations. Moreover, unlicensed radio stations do not
broadcast Emergency Alert Service (EAS) messages, and so create a public safety hazard for their listeners.
To settle this matter, Maxime admits that he operated an unauthorized radio station, will not operate an
unauthorized radio station in the future, and will pay a $2,500 civil penalty. However, Maxime will pay
an addition civil penalty of $12,500 if the Commission finds that he operates an unauthorized radio
station during the next twenty years or misled the Commission regarding his current financial status.
2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we
find that the public interest would be served by adopting the Consent Decree and resolving the Notice of
Apparent Liability for Forfeiture (NAL) regarding Maxime’s compliance with operating an unauthorized
radio station in violation of Section 301 of the Communications Act of 1934, as amended (Act).
1
3. In the absence of material new evidence relating to this matter, we do not set for hearing
the question of Maxime’s basic qualifications to hold or obtain any Commission license or authorization.
2
4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), and 503(b) of the Act
3
and the authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,
4
the attached Consent
Decree IS ADOPTED and its terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED and
the NAL IS CANCELED.
1
47 U.S.C. § 301.
2
See 47 CFR § 1.93(b).
3
47 U.S.C. §§ 154(i), 503(b).
4
47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 18-50
2
6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by
first class mail and certified mail, return receipt requested, to Maxime at his address of record, and to
Jelani C. Davis, Esquire, 7951 S.W. Sixth Street, Suite 200, Plantation, FL 33324.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary C. Harold
Chief
Enforcement Bureau
Federal Communications Commission DA 18-50
Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Kedner Maxime
Oakland Park, FL
)
)
)
)
)
)
)
File No.: EB-FIELDSCR-15-00020432
NAL/Acct. No.: 201632600002
FRN: 0025807728
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Kedner
Maxime (Mr. Maxime), by their authorized representatives, hereby enter into this Consent Decree for the
purpose of terminating the Enforcement Bureau’s investigation into whether Mr. Maxime violated
Section 301 of the Communications Act of 1934, as amended, by operating an unauthorized radio station
on 102.1 and 89.1 MHz in two locations in Broward County, Florida.
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.
1
(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all
of its bureaus and offices.
(e) “Compliance Commitment” means the compliance obligations described in this
Consent Decree at paragraph 10.
(f) “Effective Date” means the date by which both the Bureau and Mr. Maxime have
signed the Consent Decree.
(g) “Investigation” means the investigation commenced by the Bureau in File No. EB-
FIELDSCR-15-00020432 regarding whether Mr. Maxime violated Section 301 of
the Act by operating an unauthorized radio station which culminated in the issuance
of the NAL.
(h) “NAL” means the Notice of Apparent Liability for Forfeiture and Order issued to
Mr. Maxime on August 12, 2016, proposing a $15,000 forfeiture for apparent
violations of Section 301 of the Act.
2
(i) “Parties” means Mr. Maxime and the Bureau, each of which is a “Party.”
(j) “TARGET” means Mr. Maxime.
1
47 U.S.C. § 151 et seq.
2
Kedner Maxime, Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 8876 (2016) (NAL).
Federal Communications Commission DA 18-50
2
II. BACKGROUND
3. 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 this Act and with a license in that behalf granted under the provisions of this
Act.”
3
Unlicensed radio stations operate illegally, in violation of Section 301. Unlicensed radio stations
undermine the Commission’s efforts to manage radio spectrum and can interfere with licensed
communications, including authorized broadcasts and public safety transmissions. Moreover, unlicensed
radio stations do not broadcast Emergency Alert Service (EAS) messages, and so create a public safety
hazard for their listeners.
4. Mr. Maxime is an individual who operated an unauthorized radio station on two different
frequencies and from two different locations in Broward County, Florida: 102.1 MHz from a church
located in Ft. Lauderdale, Florida, where he worked, and 89.1 MHz from an office park in Oakland Park,
Florida. On August 12. 2016, the Commission issued an NAL proposing a $15,000 penalty against Mr.
Maxime for apparently operating an unauthorized radio station in violation of Section 301 of the Act.
4
In
response to the NAL, Mr. Maxime filed a request to reduce or cancel the proposed forfeiture and
submitted three years of tax returns supporting his request based on an inability to pay the proposed
forfeiture.
5
Subsequently, Mr. Maxime and the Bureau engaged in settlement negotiations. To settle this
matter, the Bureau and Mr. Maxime enter into this Consent Decree and agree to the following terms and
conditions.
III. TERMS OF AGREEMENT
5. Adopting Order. The provisions of this Consent Decree shall be incorporated by the
Bureau in an Adopting Order.
6. Jurisdiction. Mr. Maxime agrees that the Bureau has jurisdiction over him and the
matters contained in this Consent Decree and has the authority to enter into and adopt this Consent
Decree.
7. Effective Date; Violations. The Parties agree that this Consent Decree shall become
effective on the Effective Date as defined herein. As of the Effective Date, the Parties agree that this
Consent Decree shall have the same force and effect as any other order of the Commission.
8. Termination of Investigation. In express reliance on the covenants and representations
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to
terminate the Investigation. In consideration for the termination of the Investigation, Mr. Maxime agrees
to the terms, conditions, and procedures contained herein. The Bureau further agrees that, in the absence
of new material evidence, it will not use the facts developed in the Investigation through the Effective
Date, or the existence of this Consent Decree, to institute, on its own motion, any new proceeding, formal
or informal, or take any action on its own motion against Mr. Maxime concerning the matters that were
the subject of the Investigation. The Bureau also agrees that, in the absence of new material evidence, it
will not use the facts developed in the Investigation through the Effective Date, or the existence of this
Consent Decree, to institute on its own motion any proceeding, formal or informal, or to set for hearing
the question of Mr. Maxime’ basic qualifications to be a Commission licensee or hold Commission
licenses or authorizations.
6
3
47 U.S.C. § 301.
4
NAL, 31 FCC Rcd at 8878, para. 11. The NAL includes a more complete recitation of the facts and history of this
case and is incorporated herein by reference.
5
Kedner Maxime’s Request for Reduction or Cancellation of the Proposed Fine of the Proposed Forfeiture, Sept.
14, 2016.
6
See 47 CFR § 1.93(b).
Federal Communications Commission DA 18-50
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9. Admission of Liability. Mr. Maxime admits for the purpose of this Consent Decree and
for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8
herein, that his actions referenced in paragraph 4 herein and the NAL violated Section 301 of the Act.
10. Compliance Commitment. Mr. Maxime has ceased using or operating and in the future
will not use, operate, or provide material assistance to another in the use or operation of, any unauthorized
radio station. Any use, operation, or provision of material assistance to another in the use or operation of
an unauthorized radio station by Mr. Maxime will violate Section 301 of the Act and the terms of this
Consent Decree. Mr. Maxime will report any noncompliance with Section 301 of the Act or with the
terms and conditions of this Consent Decree within fifteen (15) calendar days of such noncompliance to
Field Director, Office of the Field Director, Enforcement Bureau, Federal Communications Commission,
445 12
th
Street, S.W., Washington, DC 20554, with a copy submitted electronically to
Janet.Moran@fcc.gov and field@fcc.gov; any failure to report such noncompliance will violate the terms of this Consent Decree.
11. Termination Date. Unless stated otherwise, the requirements set forth in paragraph 10
(compliance commitment paragraph) of this Consent Decree shall expire twenty (20) years after the
Effective Date.
12. Civil Penalty. In light of Mr. Maxime’s demonstrated inability to pay, and subject to the
provisions of paragraph 13 below, Mr. Maxime will pay a civil penalty to the United States Treasury in
the amount of two thousand, five hundred Dollars ($2,500) (Civil Penalty), with an initial payment of
three hundred Dollars ($300.00) (Initial Payment) and eleven (11) quarterly installment payments, each in
the amount of two hundred Dollars ($200.00), paid over the course of a thirty six month period (each, an
Installment Payment). The Initial Payment of $300.00 shall be made within thirty (30) calendar days of
the Effective Date. Thereafter, the Installment Payments are due and payable quarterly on the 18
th
of the
month starting on May 18, 2018, with a final Installment Payment on December 18, 2020, 36 months
after the effective date. Mr. Maxime acknowledges and agrees that upon execution of this Consent
Decree, the Civil Penalty and each Installment Payment shall become a “Claim” or “Debt” as defined in
Section 3701(b)(1) of the Debt Collection Improvement Act of 1996 (DCIA).
7
Mr. Maxime shall send
electronic notification of payment to Janet.Moran@fcc.gov and field@fcc.gov on the date 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.
8
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). 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.
7
Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) (DCIA).
8
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 18-50
4
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.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
13. Suspended Penalty. Mr. Maxime further agrees that, upon an Event of Default (as
described below in paragraph 14), he will pay a further civil penalty to the United States Treasury in the
amount of twelve thousand, five hundred Dollars ($12,500) (Additional Civil Penalty). Mr. Maxime
acknowledges and agrees that upon an Event of Default, the Additional Civil Penalty shall also become a
“Claim” or “Debt” as defined in Section 3701(b)(1) of the DCIA,
9
and all procedures for collection of the
Additional Civil Penalty may, at the Commission’s discretion, be initiated against Mr. Maxime.
14. Event of Default. Mr. Maxime agrees that an Event of Default shall occur upon (1) the
failure to pay the Civil Penalty or any Installment Payments to the U.S. Treasury on or before the dates
specified in Paragraph 12; (2) the release of an order within three years of the Effective Date by the
Commission, such as a Notice of Apparent Liability for Forfeiture that is uncontested or a Forfeiture
Order, finding that Mr. Maxime violated Section 301 of the Act; (3) an admission of non-compliance
required by Paragraph 10; or (4) the release of an order by the Commission finding that Mr. Maxime
materially misstated his financial condition in the documents he produced to support his claim of inability
to pay.
15. Interest, Charges for Collection, and Acceleration of Maturity Date. Upon an Event
of Default, all procedures for collection permitted by the DCIA and other provisions of law
10
may, at the
Commission’s discretion, be initiated and the following shall become immediately due and payable,
without notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by
Mr. Maxime: (a) any unpaid Civil Penalty referenced in Paragraph 12, which shall accrue interest at a
rate of the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75 percent per annum from
the date of the Event of Default until payment in full; (b) the Additional Civil Penalty referenced in
Paragraph 13, which shall accrue interest at a rate of the U.S. Prime Rate in effect on the date of the Event
of Default plus 4.75 percent per annum from the date of the Event of Default until payment in full; (c) any
penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717; and (d) any
administrative charge(s), including the costs of collection, litigation, and attorneys’ fees.
16. Waivers. As of the Effective Date, Mr. Maxime waives any and all rights he may have
to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or
contest the validity of this Consent Decree and the Adopting Order. Mr. Maxime shall retain the right to
challenge Commission interpretation of the Consent Decree or any terms contained herein. If either Party
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the
Consent Decree or the Adopting Order, neither Mr. Maxime nor the Commission shall contest the validity
of the Consent Decree or the Adopting Order, and Mr. Maxime shall waive any statutory right to a trial de
novo. Mr. Maxime hereby agrees to waive any claims he may otherwise have under the Equal Access to
Justice Act
11
relating to the matters addressed in this Consent Decree.
17. Severability. The Parties agree that if any of the provisions of the Consent Decree shall
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not
containing the particular unenforceable provision or provisions, and the rights and obligations of the
Parties shall be construed and enforced accordingly.
9
Id.
10
See 31 CFR Part 900, et seq.
11
See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 18-50
5
18. Invalidity. In the event that this Consent Decree in its entirety is rendered invalid by any
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any
legal proceeding.
19. Subsequent Rule or Order. The Parties agree that if any provision of the Consent
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order
specifically intended to revise the terms of this Consent Decree to which Mr. Maxime does not expressly
consent) that provision will be superseded by such Rule or Order.
20. Successors and Assigns. Mr. Maxime agrees that the provisions of this Consent Decree
shall be binding on his successors and assigns.
21. Final Settlement. The Parties agree and acknowledge that this Consent Decree shall
constitute a final settlement between the Parties with respect to the Investigation.
22. Modifications. This Consent Decree cannot be modified without the advance written
consent of both Parties.
23. Paragraph Headings. The headings of the paragraphs in this Consent Decree are
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent
Decree.
24. Authorized Representative. Each Party represents and warrants to the other that it has
full power and authority to enter into this Consent Decree. Each person signing this Consent Decree on
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent
Decree and to bind the Party to its terms and conditions.
25. Counterparts. This Consent Decree may be signed in counterpart (including
electronically or by facsimile). Each counterpart, when executed and delivered, shall be an original, and
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Rosemary C. Harold
Chief
Enforcement Bureau
________________________________
Date
________________________________
Kedner Maxime
________________________________
Date