**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-08-NY-0283      |
|                                  |   |                                 |
| Andre Alleyne                    | ) | NAL/Acct. No: 200932380003      |
|                                  |   |                                 |
| Jessie White                     | ) | FRN: 0018 1064 01               |
|                                  |   |                                 |
| Brooklyn, New York               | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

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

> Released: December 10, 2008

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 Andre Alleyne and Jessie White apparently repeatedly
    violated Section 301 of the Communications Act of 1934, as amended
    ("Act"),[^1] by operating an unlicensed radio transmitter on the
    frequency 96.5 MHz in Brooklyn, New York. We conclude, pursuant to
    Section 503(b) of the Communications Act of 1934, as amended
    ("Act"),[^2] that Andre Alleyne and Jessie White are apparently
    jointly and severally liable for a forfeiture in the amount of ten
    thousand dollars (\$10,000).

# BACKGROUND

2.  On July 11, 2008, the FCC New York Office received a complaint from
    the Chief Engineer of FCC licensed station WQXR located in New York,
    New York, about an apparent illegal broadcast station operating on
    96.5 MHz in Brooklyn, New York causing interference to its
    listeners.

3.  On July 23, 2008, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 96.5 MHz in
    Brooklyn, New York. The agent observed a radio station broadcasting
    on 96.5 MHz and determined that the station was operating from an
    apartment building located at 580 Flatbush Avenue, Brooklyn, New
    York 11225. The agent subsequently took field strength measurements
    and determined that the signals being broadcast exceeded the limits
    for operation under Part 15 of the Commission's Rules[^3] ("Rules")
    and therefore required a license. An agent searched Commission
    databases and found no evidence of a Commission authorization for
    this operation on 96.5 MHz in Brooklyn, New York.

4.  On July 24, 2008, a Commission agent, using a mobile
    direction-finding vehicle, again monitored the frequency 96.5 MHz in
    Brooklyn, New York. The agent observed a radio station broadcasting
    on 96.5 MHz and determined that the station was operating from an
    apartment building located at 580 Flatbush Avenue, Brooklyn, New
    York 11225. The agent subsequently took field strength measurements
    and determined that the signals being broadcast still exceeded the
    limits for operation under Part 15 of the Rules" and therefore
    required a license. An agent searched Commission databases and found
    no evidence of a Commission authorization for this operation on 96.5
    MHz in Brooklyn, New York.

5.  On the same day, after completing the field strength measurements,
    Commission agents conducted an investigation on the roof of 580
    Flatbush Avenue, Brooklyn, New York 11225. The agents observed a FM
    broadcast antenna on the roof and a coaxial cable leading from the
    antenna into an apartment window on the tenth floor of the building.
    Upon further investigation, it was determined that the coaxial cable
    was going into apartment \# 10D of that same building. The agents,
    accompanied by the building superintendent, attempted to inspect the
    station in apartment \# 10D, but the two women who answered the door
    refused to allow the agents to enter the apartment. One the women
    indicated that she resides in the apartment with her boyfriend, and
    the agents advised her that the station in the apartment was
    operating without a license and gave her a copy of a document
    specifying the penalties for operating an unlicensed radio station.
    Further, the agents advised the woman that the station was causing
    interference to a licensed station and requested that the station be
    turned off. After returning to the vehicle, the agents monitored
    96.5 MHz and noted that the station was off the air.

6.  On July 25, 2008, a Commission agent obtained from the building
    management office a copy of a lease showing that Andre Alleyne and
    Jessie White are joint lessees of apartment \# 10D at 580 Flatbush
    Avenue, Brooklyn, New York 11225.

7.  On July 30, 2008, the New York Office sent, via regular mail and
    certified mail, return receipt requested, a *NOUO* addressed to
    Andre Alleyne and Jessie White at 580 Flatbush Avenue, Apartment \#
    10D, Brooklyn, New York 11225. The *NOUO* warned Andre Alleyne and
    Jessie White that operation of the unlicensed radio station on 96.5
    MHz violated Section 301 of the Act and outlined the potential
    penalties for such a violation, including seizure of the equipment,
    fines and imprisonment. The *NOUO* also directed Andre Alleyne and
    Jessie White to terminate operation of the unlicensed station
    immediately and provided Andre Alleyne and Jessie White ten days to
    reply. The *NOUO* sent via certified mail was returned on August 21,
    2008 to the New York Office by the U.S. Postal Service as unclaimed.
    The *NOUO* sent via regular mail were not returned to the New York
    Office. The New York Office did not receive a response to the
    *NOUO.*

8.  October 30, 2008, a Commission agent went back to 580 Flatbush
    Avenue, Brooklyn, New York 11225 and met with the building
    superintendent. The building superintendent stated that he was
    contacted shortly after the agent's investigation on July 24, 2008
    by Andre Alleyne and they both went to roof and Mr. Alleyne removed
    the antenna. The agent and building superintendent proceeded to the
    roof and confirmed that the antenna previously observed on July 24,
    2008 had been removed.

#  {#section .unnumbered}

# 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 "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^4]

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. Section 3(33) of the Act defines
    "communications by radio" as "the transmission by radio of writing,
    signs, signals, pictures, and sounds of all kinds, including all
    instrumentalities, facilities, apparatus, and services (among other
    thing the receipt, forwarding, and delivery of communications)
    incidental to such transmission."[^5] Agents determined that, on
    July 23 and July 24, 2008, an unlicensed radio station was
    broadcasting on 96.5 MHz from 580 Flatbush Avenue, Apartment \# 10D,
    Brooklyn, New York 11225. Agents further determined that Andre
    Alleyne and Jessie White are lessees of Apartment \# 10D. We have
    previously held that liability for unlicensed operation may be
    assigned to an individual who provides services and facilities
    incidental to the transmission of communications by radio.[^6] We
    find that Alleyne and White are responsible for the unlicensed
    station operation on 86.5 MHz at 580 Flatbush Avenue, Apartment #10D
    in Brooklyn, New York 11225, because they provided the facilities
    used in the operation of the station. The violation was repeated
    because it occurred on more than one day.

11. Based on the evidence before us, we find that Andre Alleyne and
    Jessie White apparently repeatedly violated Section 301 of the Act
    by operating radio transmission equipment on 96.5 MHz at 580
    Flatbush Avenue, Apartment #10D in Brooklyn, New York 11225 on July
    23 and July 24, 2008, 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.[^7] In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(E) 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.[^8] Applying the
    *Forfeiture Policy Statement*, Section 1.80, and the statutory
    factors to the instant case, we conclude that Andre Alleyne and
    Jessie White 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, 0.314 and 1.80 of the Commission\'s Rules, Andre Alleyne and
    Jessie White are hereby **NOTIFIED** of their **APPARENT JOINT AND
    SEVERAL LIABILITY FOR A FORFEITURE** in the amount of ten thousand
    dollars (\$10,000) for violations of Section 301 of the Act.[^9]

14. **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 for Forfeiture, Andre Alleyne and
    Jessie White **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/Account Number and FRN
    Number referenced above. Payment by check or money order may be
    mailed to Federal Communications Commission, P.O. Box 979088, St.
    Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
    Bank -- Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
    Plaza, St. Louis, MO 63101. Payment\[**s**\] by wire transfer may be
    made to ABA Number 021030004, receiving bank TREAS/NYC, and account
    number 27000001. For payment by credit card, an FCC Form 159
    (Remittance Advice) must be submitted.  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). Requests for full payment under an installment
    plan should be sent to:  Chief Financial Officer \-- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
    20554.   Please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
    regarding payment procedures. Alleyne and White shall also send
    electronic notification on the date said payment is made to
    NER-Response@fcc.gov.

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, New York 10014 and must
    include the NAL/Acct. No. referenced in the caption. An electronic
    copy shall be sent to [NER-Response@fcc.gov]{.underline}.

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. **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 Andre Alleyne and Jessie White 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]: 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."

[^5]: 47 U.S.C. § 153(33).

[^6]: *See Joni K. Craig,* Forfeiture Order, 21 FCC Rcd 10793 (EB 2006).

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^8]: 47 U.S.C. § 503(b)(2)(E).

[^9]: 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80.