**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+---------------------------------+---+----------------------------------+
| In the Matter of                | ) | File Number: EB-03-NY-380        |
|                                 |   |                                  |
| Moises Cabrera                  | ) | NAL/Acct. No: 200632380002       |
|                                 |   |                                  |
| Juan Cabrera                    | ) | FRN: 0013 3361 10                |
|                                 |   |                                  |
| New York, NY                    | ) |                                  |
|                                 |   |                                  |
|                                 | ) |                                  |
|                                 |   |                                  |
|                                 | ) |                                  |
|                                 |   |                                  |
|                                 | ) |                                  |
+---------------------------------+---+----------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: December 19, 2005

By the District Director, New York Office, Northeast Region, Enforcement
Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Moises Cabrera and Juan Cabrera apparently willfully and
    repeatedly violated Section 301 of the Communications Act of 1934,
    as amended ("Act"),[^1] by operating an unlicensed radio transmitter
    on the frequency 89.7 MHz. We conclude, pursuant to Section 503(b)
    of Act,[^2] that Moises Cabrera and Juan Cabrera are apparently
    liable for a forfeiture in the amount of ten thousand dollars
    (\$10,000).

# BACKGROUND

2.  On December 27, 2004, the New York Office of the FCC's Enforcement
    Bureau received a complaint of an illegal broadcast station
    operating on 89.7 MHz in New York, New York.

3.  On December 29, 2004, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 89.7 MHz in New
    York, New York. The agent observed a radio broadcast on 89.7 MHz and
    identified the source of the transmissions as an FM broadcasting
    antenna on a building at 501 West 207^th^ Street, New York,
    NY 10034. The agent observed an FM broadcast antenna mounted on the
    roof. The agent took field strength measurements and determined that
    the signals being broadcast exceeded the limits for operation under
    Part 15 of the Commission's Rules ("Rules")[^3] and therefore
    required a license. The agent searched Commission databases and
    found no evidence of a Commission authorization for operation on
    89.7 MHz in New York, New York.

4.  On that same day, after completing the field strength measurements,
    the agent went to the second floor of 501 West 207^th^ Street to
    conduct a station inspection. Upon entering the building, the agent
    noted a sign for an organization that read "Iglesia Pentecostal
    Centro Evangelistico Movimiento Misionero."[^4] The agent conducted
    an inspection with Juan Cabrera, Moises Cabrera's son, who was
    present in the studio and operating the station. The agent observed
    radio station studio equipment, including an operational FM
    transmitter with a visual display showing the frequency assignment
    89.7 MHz. Prior to leaving the area, the agent monitored 89.7 MHz
    and noted that the station went off the air.

5.  On December 30, 2004, the New York office sent a Warning Letter, by
    First Class and Certified Mail Return Receipt Requested, to Radio
    Movimiento Mision Vida, Attn: Juan Cabrera and Moises Cabrera, for
    unlicensed operation on the frequency 89.7 MHz.[^5] The New York
    Office received the U. S. Post Office return receipt, signed by Juan
    Cabrera, confirming that the letter was delivered and received on
    January 4, 2005. The New York Office did not receive a response to
    the Warning Letter.

6.  On March 3, 7, and 8, 2005, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 89.7 MHz in New
    York, New York. The agent observed a radio broadcast on 89.7 MHz,
    and identified the source of the transmissions as an FM broadcasting
    antenna on a building at 501 West 207^th^ Street, New York,
    NY 10034. The agent also observed an FM broadcast antenna mounted on
    the roof. The agent took field strength measurements and determined
    that the signals being broadcast exceeded the limits for operation
    under Part 15 of the Rules and therefore required a license. The
    agent searched Commission databases and found no evidence of a
    Commission authorization for operation on 89.7 MHz in New York, New
    York.

7.  After completing the field strength measurements on March 8, the
    agents went to the second floor of 501 West 207^th^ Street and
    conducted a station inspection with Moises and Juan Cabrera. The
    agents observed radio station studio equipment, including an
    operational FM transmitter. In response to questions from the
    agents, Moises Cabrera and Juan Cabrera admitted to operating the
    station. They reported that, using the roof antenna, they had been
    operating the station with the current transmitter for about one
    year and previously operated the station with a higher power
    transmitter. When Juan Cabrera turned off the transmitter in the
    agents' presence, the station went off the air. The agents informed
    Moises and Juan Cabrera that they did not have authority to operate
    the station and advised them of the penalties for unlicensed
    operation.

8.  On May 5, 2005, a Commission agent, using a mobile direction-finding
    vehicle, monitored the frequency 89.7 MHz in New York, New York. The
    agent observed a radio broadcast on 89.7 MHz, and identified the
    source of the transmissions as an FM broadcasting antenna on a
    building at 501 West 207^th^ Street, New York, NY 10034. The antenna
    was mounted at a much lower height on the roof than previously
    observed and could only be seen from a higher vantage point. The
    agent took field strength measurements and determined that the
    signals being broadcast exceeded the limits for operation under Part
    15 of the Commission's Rules ("Rules")^4^ and therefore required a
    license. The agent searched Commission databases and found no
    evidence of a Commission authorization for operation on 89.7 MHz in
    New York, New York.

# DISCUSSION

9.  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. The term \"willful\" as used in
    Section 503(b) of the Act has been interpreted to mean simply that
    the acts or omissions are committed knowingly.[^6] The term
    "repeated" means the commission or omission of such act more than
    once or for more than one day.[^7]

10. 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. Agents from the New York Office positively
    identified the source of an FM signal transmitting on 89.7 MHz on
    December 29, 2004, and March 3, March 7, March 8, and May 5, 2005 as
    a building at 501 West 207^th^ Street, New York, NY. On those dates,
    agents also conducted field strength measurements and determined the
    signal exceeded the allowable limit for a low power non-licensed
    transmitter. A license therefore was required for operation of this
    station. The FCC's records showed that no license had been issued
    for an FM station on 89.7 MHz in New York, NY. Moises and Juan
    Cabrera admitted to operating the station and continued to operate
    the station after being warned orally and in writing of the possible
    penalties for unlicensed operation.

11. Based on the evidence before us, we find that Moises Cabrera and
    Juan Cabrera apparently willfully and repeatedly violated Section
    301 of the Act by operating radio transmission equipment on 89.7 MHz
    in New York, NY on December 29, 2004, and March 3, March 7, March 8,
    and May 5, 2005, without a Commission authorization.

12. Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines* (\"*Forfeiture Policy Statement*\"), and Section 1.80 of
    the Rules, the base forfeiture amount for operation without an
    instrument of authorization is \$10,000.[^8] In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(D) of the Act,
    which include the nature, circumstances, extent, and gravity of the
    violations, and with respect to the violator, the degree of
    culpability, and history of prior offenses, ability to pay, and
    other such matters as justice may require.[^9] Applying the
    *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Moises Cabrera and
    Juan Cabrera are apparently jointly liable for a \$10,000
    forfeiture.

# ORDERING CLAUSES

13. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311 and 1.80 of the Commission\'s Rules, Moises Cabrera and Juan
    Cabrera are hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A
    FORFEITURE** in the amount of ten thousand dollars (\$10,000) for
    violations of Section 301 of the Act.[^10]

14. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Commission\'s Rules, within thirty (30) days of the release date of
    this Notice of Apparent Liability for Forfeiture, Moises Cabrera and
    Juan Cabrera **SHALL PAY** the full amount of the proposed
    forfeiture or **SHALL FILE** a written statement seeking reduction
    or cancellation of the proposed forfeiture.

15. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Acct. No. and FRN No.
    referenced above. Payment by check or money order may be mailed to
    Federal Communications Commission, P.O. Box 358340, Pittsburgh, PA
    15251-8340.  Payment by overnight mail may be sent to Mellon
    Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
    15251.   Payment by wire transfer may be made to ABA
    Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

16. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, New York Office,
    201 Varick Street, Suite 1151, New York, NY 10014, and must include
    the NAL/Acct. No. referenced in the caption.

17. 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.

18. Requests for payment of the full amount of this Notice of Apparent
    Liability for Forfeiture under an installment plan should be sent
    to: Associate Managing Director, Financial Operations, 445 12th
    Street, S.W., Room 1A625, Washington, D.C. 20554.[^11]

19. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Moises and Juan Cabrera at
    their address of record.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

New York Office

Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 503(b).

[^3]: 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 μV/m at three
    meters. 47 C.F.R. § 15.239. Measurements showed that the field
    strength of the station's signal exceeded the permissible level for
    a non-licensed Part 15 transmitter.

[^4]: The agent subsequently confirmed that "Centro Evangelistico M.M.M.
    Inc." is a non-profit corporation registered in New York State with
    a mailing address of 501 West 207^th^ Street, New York, NY 10040.
    The website for the church, "Movimiento Misionero Mundial -- New
    York," lists Moises Cabrera as the pastor of the church.

[^5]: The unlicensed radio station apparently operated by Moises and
    Juan Cabrera identifies as "Radio Movimiento Mision Vida."

[^6]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that \"\[t\]he term \'willful\', when
    used with reference to the commission or omission of any act, means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^7]: Section 312(f)(2) of the Act, 47 U.S.C. § 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."

[^8]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^9]: 47 U.S.C. § 503(b)(2)(D).

[^10]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 47
    U.S.C. § 301.

[^11]: *See* 47 C.F.R. § 1.1914.