**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                  | * | File Number EB-04-BS-067      |
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| Sylvane Simon                     | ) | NAL/Acct. No.200532260002     |
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| Mattapan, MA                      | * | FRN 0013802681                |
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## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: July 26 , 2005**

By the District Director, Boston Office, Northeast Region, Enforcement
Bureau:

**I. INTRODUCTION**

1.  In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
    find Sylvane Simon ("Mr. Simon"), apparently liable for a forfeiture
    in the amount of ten thousand dollars (\$10,000) for willful and
    repeated violation of Section 301 of the Communications Act of 1934,
    as amended ("Act").[^1] Specifically, we find Mr. Simon apparently
    liable for operating radio transmission equipment without a license
    on 1640 KHz in Mattapan, MA.

**II. BACKGROUND**

2.  On June 15, 2004, agents in the Commission's Boston Office of the
    Enforcement Bureau ("Boston Office") monitored signals on 1640 KHz
    in Mattapan, MA and, using mobile direction-finding techniques,
    determined the source of the signals to be 9 Duke Street, Mattapan,
    MA. Based on field-strength measurements of the signal taken by the
    agents, the station required a Commission authorization to
    operate.[^2] FCC records showed that no license had been issued for
    the operation of an AM broadcast station at this location.

3.  Also on June 15, 2004, agents in the Boston Office observed a radio
    signal on 105.3 MHz in Mattapan, MA and, using mobile
    direction-finding techniques, determined the source of the signals
    to be 1333 Blue Hill Avenue, Mattapan, MA. The audio on 105.3 MHz
    was the same as the audio being broadcast on 1640 KHz. Based on
    field-strength measurement of the signal taken by the agents, the
    operation on 105.3 MHz required a Commission authorization.

4.  On June 24, 2004, agents conducted an inspection at 1333 Blue Hill
    Avenue and spoke to Mr. Simon. Based on their conversation with Mr.
    Simon, the agents determined that Mr. Simon was operating a studio
    at 1333 Blue Hill Avenue and transmitting the audio on 105.3 MHz to
    the AM transmitter located at 9 Duke Street. The agents orally
    warned Mr. Simon of the consequences of unlicensed operation of a
    broadcast station. Mr. Simon stated to the FCC agents that the
    station would remain off the air until he received an authorization
    from the FCC to operate.[^3] On June 29, 2004, the Boston Office
    issued a Notice of Unlicensed Operation by certified and first class
    mail.

5.  On August 25, 2004 and October 7, 2004, FCC agents again detected
    signals on 1640 KHz and, using mobile direction-finding techniques,
    determined the source of the signals to be 9 Duke Street, Mattapan,
    MA. Based on field-strength measurements of the signal taken by the
    agents on August 24, 2004 and October 7, 2004, the station required
    a Commission authorization to operate. During the inspection
    conducted on October 7, 2004, the agents observed an antenna affixed
    to the top of a garage in the rear of 9 Duke Street. The Boston
    Office mailed another Notice of Unlicensed Operation to Mr. Simon by
    certified and first class mail on October 7, 2004.

6.  On October 25, 2004, Mr. Simon responded to the October 7, 2004
    Notice of Unlicensed Operation. Mr. Simon reported that
    modifications were made to the station in order to bring it into
    compliance with the Commission's Part 15 rules for low power
    stations.

7.  On October 28, 2004, FCC agents again detected signals on 1640 KHz
    and, using mobile direction-finding techniques, determined the
    source of the signals to be 9 Duke Street, Mattapan, MA. Based on
    field-strength measurements of the signal taken by the agents on
    October 28, 2004, the station required a Commission authorization to
    operate.

**III.** **DISCUSSION**

8.  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 issued by the
    Commission.[^4] Agents from the Boston Office positively identified
    the source of an AM signal transmitting on 1640 KHz on June 15,
    2004, August 25, 2004, October 7, 2004, and October 28, 2004 as 9
    Duke Street, Mattapan, MA. On those dates, agents also conducted
    field strength measurements of the signal and determined the station
    exceeded the legal limit for an allowable low power non-licensed
    transmitter. A license therefore was required for operation of this
    station. The FCC's records show that no license has been issued for
    an AM station on 1640 KHz in Mattapan, MA. Mr. Simon has been warned
    orally and in writing of the possible penalties for unlicensed
    operation of the station. Moreover, in response to the October 7,
    2004 Notice of Unlicensed Operation, Mr. Simon indicated that he
    would bring the station into compliance with the Commission's Part
    15 rules. He nevertheless continued to operate the station without a
    license and without coming into compliance with the Part 15 rules.

9.  Based on the evidence before us, we find that Mr. Simon
    willfully[^5] and repeatedly[^6] violated Section 301 of the Act by
    operating an AM radio transmitter without a license.

10. Pursuant to Section 1.80(b)(4) of the Commission's Rules
    ("Rules"),[^7] the base forfeiture amount for operation without an
    instrument of authorization is \$10,000. 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 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.[^8] Considering the entire record and applying the
    factors listed above, this case warrants a \$10,000 forfeiture.

**IV. ORDERING CLAUSES**

11. Accordingly, **IT IS ORDERED** that, pursuant to Section 503(b) of
    the Act,[^9] and Sections 0.111, 0.311 and 1.80 of the
    Rules,[^10]^0^ Sylvane Simon is hereby **NOTIFIED** of this
    **APPARENT LIABILITY FOR A FORFEITURE** in the amount of ten
    thousand dollars (\$10,000) for willful violation of Section 301 of
    the Act by operating an unlicensed transmitter on 1640 KHz.

12. **IT IS FURTHER ORDERED** that, pursuant to Section 1.80 of the
    Rules, within thirty (30) days of the release date of this *NAL*,
    Sylvane Simon **SHALL PAY** the full amount of the proposed
    forfeiture or **SHALL FILE** a written statement seeking reduction
    or cancellation of the proposed forfeiture.

13. 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.

14. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, Boston Office, 1
    Batterymarch Park, Quincy, MA 02169-7448 within thirty (30) days
    from the release date of this Notice of Apparent Liability for
    Forfeiture and must include the NAL/Acct. No. referenced in the
    caption.

15. 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.

16. **IT IS FURTHER ORDERED** that a copy of this *NAL* shall be sent by
    regular mail and Certified Mail Return Receipt Requested to Sylvane
    Simon at his address of record.

FEDERAL COMMUNICATIONS COMMISSION

Dennis V. Loria

District Director

Boston Office

Northeastern Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301

[^2]: Section 15.209(a) of the Commission's rules authorizes operation
    of low power radio equipment without a license if the strength of
    the signal does not exceed the maximum signal strength at a
    specified distance. *See* 47 C.F.R. § 15.209(a). The measurements
    showed that the field strength of the station's signal exceeded the
    permissible level for a non-licensed low-power radio transmitter.

[^3]: Since the June 24, 2004 inspection, FCC agents have not detected a
    signal on the frequency 105.3 MHz in Mattapan, MA.

[^4]: 47 U.S.C. § 301.

[^5]: 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 . .
    . ." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387-88
    (1991).

[^6]: ^^ Section 312(f)(2) of the Act, U.S.C. § 312(f)(2), which
    applies equally to 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."

[^7]: ^^ 47 C.F.R. § 1.80(b)(4).

[^8]: ^^ 47 U.S.C. § 503(b)(2)(D).

[^9]: ^^ 47 U.S.C. § 503(b).

[^10]: ^10^ 47 U.S.C. §.§ 0.111, 0.311, 1.80.