**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-02-NY-288

)

Michael S. Selvanto ) NAL/Acct. No. 200332380017

)

Elizabeth, NJ ) FRN: 0008-1141-75

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: February 18, 2003**

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

# I. INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
find that Michael S. Selvanto ("Selvanto") has apparently violated
Section 301 of the Communications Act of 1934, as amended, ("Act")[^1],
by operating an unlicensed radio transmitter on the frequency 91.9 MHz.
We conclude that Selvanto is apparently liable for a forfeiture in the
amount of ten thousand dollars (\$10,000).

###### II. BACKGROUND

2.  On November 19, and 26, 2002, the New York Office received
    complaints about an illegal broadcast station located in Elizabeth,
    NJ, operating on the frequency 91.9 MHz, and causing interference to
    reception from an FCC licensed radio station operating on the same
    frequency.

3.  On November 26, 2002, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 91.9 MHz in
    Elizabeth, NJ. The agents observed an unauthorized radio broadcast
    on 91.9 MHz, and identified the source of the broadcast as an FM
    broadcast antenna on the roof of 9 Caldwell Place, Elizabeth,
    NJ 07201. Field strength measurements indicated that the station
    exceeded the permissible level for a non-licensed low power
    transmitter by 11,362 times. The agents conducted a station
    inspection with Selvanto, the operator and owner of the station, who
    acknowledged that he was operating an unlicensed radio station.
    There was no evidence of a Commission authorization for this
    operation in Elizabeth, NJ.

4.  On November 27, 2002, the New York Office sent a Warning Letter, by
    First Class and Certified Mail Return Receipt Requested, to Selvanto
    for unlicensed operation on the frequency 91.9 MHz. The New York
    Office did not receive a reply to the warning letter.

### III. DISCUSSION

5.  Section 301 of the Act sets forth generally 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.

6.  Based on the evidence before us, we find that Selvanto operated
    radio transmission equipment on 91.9 MHz on November 26, 2002,
    without a Commission authorization in willful[^2] violation of
    Section 301 of the Act. A review of Commission's records showed that
    there was no evidence of a Commission authorization to operate this
    station on the frequency, 91.9 MHz, in Elizabeth, NJ.

7.  *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines*,
    12 FCC Rcd 17087, 17113 (1997), *recon. denied*, 15 FCC Rcd
    303(1999) ("*Forfeiture Policy Statement*")[^3], sets the base
    forfeiture amount for operation without an instrument of
    authorization at \$10,000. In assessing the monetary forfeiture
    amount, we must take into account the statutory factors set forth in
    Section 503(b)(2)(D) of the Communications Act of 1934, as
    amended[^4], (the "Act"), which include 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.
    Applying the *Forfeiture Policy Statement* and the statutory factors
    to the instant case and applying the inflation adjustments, we
    believe that a ten thousand dollar (\$10,000) monetary forfeiture is
    warranted.

##### IV. ORDERING CLAUSES

8.  Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act[^5] and Sections 0.111, 0.311 and 1.80 of the Commission's
    Rules[^6], Selvanto is hereby NOTIFIED of his APPARENT LIABILITY FOR
    A FORFEITURE in the amount of ten thousand dollars (\$10,000) for
    willfully violating Section 301 of the Act.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
    Commission\'s Rules, within thirty days of the release date of this
    NOTICE OF APPARENT LIABILITY, Selvanto SHALL PAY the full amount of
    the proposed forfeiture or SHALL FILE a written statement seeking
    reduction or cancellation of the proposed forfeiture.

10. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. 200332380017
    and FRN: 0008-1141-75.

11. Any response to this NAL must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12th Street, S.W., Washington, D.C. 20554 and MUST
    INCLUDE THE NAL/Acct. No. 200332380017.

12. 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.

13. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivable Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^7]

14. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Technical and
    Public Safety Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail Return Receipt Requested
    to Michael S. Selvanto, 9 Caldwell Place, Elizabeth NJ 07201.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

New York Office

Attachment A -- FCC Condensed List of Small Entities, October 2002

[^1]: 47 U.S.C. § 301.

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. 312(f)(1), which applies
    to 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
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^3]: 47 C.F.R. § 1.80.

[^4]: ^?^47 U.S.C. § 503(b)(2)(D).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. §§ 0.111, and 0.311.

[^7]: See 47 C.F.R. § 1.1914.