**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+---------------------------------+---+----------------------------------+
| In the Matter of                | ) | File Number: EB-05-NY-301        |
|                                 |   |                                  |
| Kacy R. Rankine                 | ) | NAL/Acct. No: 200732380001       |
|                                 |   |                                  |
| West Orange, NJ                 | ) | FRN: 0015 1782 62                |
|                                 |   |                                  |
|                                 | ) |                                  |
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|                                 | ) |                                  |
|                                 |   |                                  |
|                                 | ) |                                  |
|                                 |   |                                  |
|                                 | ) |                                  |
+---------------------------------+---+----------------------------------+

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

Released: November 3, 2006

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 Kacy R. Rankine 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 90.1 MHz. We conclude, pursuant to Section 503(b) of
    Act,[^2] that Kacy R. Rankine is apparently liable for a forfeiture
    in the amount of ten thousand dollars (\$10,000).

# BACKGROUND

2.  On October 12, 2005, the FCC's Media Bureau received a complaint
    from a licensed station regarding interference caused by an apparent
    unlicensed station identifying as "Roadblock Radio" on 90.1 MHz in
    New Jersey. The complainant reported that it contacted "Roadblock
    Radio" personnel and informed them of the interference. The
    complaint subsequently was forwarded to the Enforcement Bureau's New
    York Office for further investigation.

3.  On November 5, 2005, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 90.1 MHz in
    Newark, New Jersey. The agents observed a radio broadcast on 90.1
    MHz and identified the source of the transmissions as an FM
    broadcasting antenna mounted on a high pole at the back of The Hut
    Nite Club ("The Hut"), 373 South Orange Avenue, Newark, NJ 07103.
    The agents traced an antenna coaxial cable to a hole in the back
    wall of the premises. The agents also observed a sign posted on the
    storefront that read "The Hut - For All Occasions Call
    973-374-5360." While monitoring 90.1 MHz, the agents also heard the
    on-air disc jockeys ("DJs") identify the station as "Roadblock
    Radio."

4.  The agents 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 ("Rules")[^3] and
    therefore required a license. An agent searched Commission databases
    and found no evidence of a Commission authorization for this
    operation on 90.1 MHz in Newark, New Jersey.

5.  On December 3, 2005, an agent, using a mobile direction-finding
    vehicle, again monitored the frequency 90.1 MHz in Newark, New
    Jersey. The agent observed a radio broadcast on 90.1 MHz and
    identified the source of the transmissions as an FM broadcasting
    antenna mounted on a mast at the back of 1120 South Orange Avenue,
    Newark, NJ 07106. The antenna appeared to be the same antenna
    previously observed at The Hut. The agent heard the station
    identified as "Roadblock Radio," with a call-in number of
    973-824-1200. The agent traced an antenna coaxial cable to a hole in
    the back wall of the premises. After leaving the scene, the agent
    observed that the radio station could be heard at a distance of five
    miles away from the station.[^4] Accordingly, a license is required
    for operation of this station. The agent searched Commission
    databases and found no evidence of a Commission authorization for
    this operation on 90.1 MHz in Newark, New Jersey.

6.  Based on the information gathered on November 5 and December 3, the
    agent conducted an Internet search and found that "Roadblock Radio"
    is directly related to, and promoted on a website, by an entity
    known alternately as G City Entertainment and G City Records, Inc.
    Rankine is listed on the website as the Director of Promotions. The
    agent also conducted a public records search and found that G City,
    Inc. is a corporation registered in the name of Kacy Rankine with a
    registered address of 866 18^th^ Avenue, Irvington, NJ 07111.[^5] In
    addition, the agent determined that the subscriber for the phone
    number on the sign posted on The Hut is G City Entertainment, with a
    billing address of 866 18^th^ Avenue, Irvington, NJ 07111. The agent
    further determined that the subscriber for the phone number
    broadcast on the station is The Hut and the billing address for that
    number is 866 18^th^ Avenue, Irvington, NJ 07111. Further
    investigation showed that Kacy Rankine is the lessee of 866 18^th^
    Avenue, Irvington, NJ 07111, which is the location of the G City
    Records, Inc.'s store.

7.  On December 6, 2005, the New York Office sent a Notice of Unlicensed
    Operation (NOUO), by First Class and Certified Mail Return Receipt
    Requested, to Kacy Rankine, G City Inc., at 866 18^th^ Avenue,
    Irvington, NJ. The New York Office did not receive a reply to the
    NOUO. On January 11, 2006, the Certified letter was returned to the
    New York Office undelivered. The letter sent by First Class Mail was
    not returned.

8.  On January 5, 2006 and again on January 14 and 15, 2006, Commission
    agents, using a mobile direction-finding vehicle, monitored the
    frequency 90.1 MHz in Newark, New Jersey. On each date, the agents
    observed a radio broadcast on 90.1 MHz and identified the source of
    the transmissions as an antenna mounted on a mast at the back of
    1120 South Orange Avenue, Newark, NJ 07106. It appeared to be the
    same FM broadcasting antenna observed previously. The agents heard
    the station's on-air DJs identify the station as "Roadblock Radio."
    Immediately after locating the source of the signal on January 5 and
    15, 2006, the agents 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. An
    agent searched Commission databases and found no evidence of a
    Commission authorization for this operation on 90.1 MHz in Newark,
    New Jersey.

9.  On February 11, 2006, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 90.1 MHz in the
    area of West Orange, New Jersey. The agents observed a radio
    broadcast on 90.1 MHz and identified the source of the transmissions
    as an FM broadcasting antenna mounted on a telephone pole in the
    backyard of 51 High Street, West Orange, NJ 07052, a private
    residence. The agents heard the on-air DJs identify the station on
    90.1 MHz as "Roadblock Radio," and the call-in phone number given
    was 973-824-1200. The agents 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. An agent searched Commission databases and found no
    evidence of a Commission authorization for this operation on 90.1
    MHz in West Orange, New Jersey.

10. After completing the field strength measurements on February 11,
    2006, the agents returned to 51 High Street. The agents traced the
    antenna coaxial cable to a garage on the property of 51 High Street.
    At that time, the agents interviewed a man who was pulling a car out
    of the driveway of 51 High Street. The man identified himself from
    his driver's license as Kacy R. Rankine of 51 High Street, West
    Orange, NJ. Rankine claimed he did not know anything about a radio
    station and refused to allow the agents to conduct an inspection. An
    agent handed Rankine information regarding the consequences of
    operating an unlicensed radio station, including a fact sheet about
    FCC inspections.

11. On March 3, 2006 the New York Office sent a second NOUO by First
    Class and Certified Mail Return Receipt Requested, to Kacy R.
    Rankine at 51 High Street, West Orange, NJ 07052, for unlicensed
    operation on the frequency 90.1 MHz. The New York Office did not
    receive a response to the NOUO. On March 8, 2006, the New York
    Office received the U. S. Post Office Return Receipt signed by Kacy
    Rankine, confirming that the NOUO was delivered and received on
    March 6, 2006.

12. On April 20, 2006, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 90.1 MHz in
    Newark, New Jersey. The agent observed a radio broadcast on 90.1
    MHz, and identified the source of the transmissions as the same FM
    broadcasting antenna observed previously, mounted on the roof of 870
    18^th^ Avenue, Irvington, NJ 07111, two stores away from G City
    Records, which is located at 866 18^th^ Avenue. The agent heard the
    station identified on-air as "Roadblock Radio," and the call-in
    phone number given was 973-824-1200. After leaving the scene, the
    agent observed that the radio station could be heard at a distance
    of more than 3 miles from the station. Accordingly, a license is
    required for operation of this station. The agent searched
    Commission databases and found no evidence of a Commission
    authorization for this operation on 90.1 MHz in Newark, New Jersey.
    Further investigation showed that Kacy Rankine is the lessee of 870
    18^th^ Avenue, Irvington NJ, 07111.

13. On May 6, and July 15, 2006, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 90.1 MHz in the
    area of Irvington, New Jersey. The agents observed a radio broadcast
    on 90.1 MHz and identified the source of the transmissions as the
    same FM broadcasting antenna observed previously, mounted on the
    roof of 527 Stuyvesant Avenue, Irvington, NJ 07111. The agents
    observed that the broadcast was announced on-air as "Roadblock
    Radio" and the call-in phone number given was 973-824-1200. The
    agents 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. An agent searched
    Commission databases and found no evidence of a Commission
    authorization for this operation on 90.1 MHz in West Orange, New
    Jersey.

# DISCUSSION

14. 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]

15. 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 determined
    that an unlicensed radio station that identified on-air as "Radio
    Roadblock" operated from five different locations in the Newark, NJ
    area from November 5, 2005, to at least July 15, 2006. Agents
    further determined that Kacy Rankine is responsible for operation of
    the station. Rankine is the lessee of 866 18^th^ Avenue, Irvington,
    NJ, which is the billing address for the telephone number broadcast
    on "Radio Roadblock" as well as the billing address for the phone
    number posted on the sign at The Hut, which is where agents first
    identified the unlicensed operation on 90.1 MHz. The address, 866
    18^th^ Avenue, Irvington, NJ, also is the location of the G City
    Records store, which promotes "Roadblock Radio" on its website.
    Rankine, in addition to being listed on the website as the Director
    of Promotions, is the owner of a related corporation, G City, Inc.,
    which according to its Corporate Status Report is located at 866
    18^th^ Avenue, Irvington, NJ. Further, Rankine is the lessee of 870
    18^th^ Avenue, Irvington, NJ, which agents identified as the
    location of "Roadblock Radio" transmissions on April 20, 2006.
    Rankine also was present at 51 High Street, West Orange, NJ, which
    agents identified as the source of unlicensed transmissions on 90.1
    MHz on February 11, 2006.

16. Rankine continued to operate the station notwithstanding the
    issuance of two Notices of Unlicensed Operation and an oral warning.
    We therefore find that Rankine's operation of "Roadblock Radio"
    without a license was willful. Because the unlicensed operation
    continued for more than one day, the violation was repeated.
    Accordingly, we find that Rankine apparently willfully and
    repeatedly violated Section 301 of the Act by operating radio
    transmission equipment on 90.1 MHz at five locations in or near
    Newark, NJ.

17. 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 Kacy Rankine is
    apparently liable for a \$10,000 forfeiture.

# ORDERING CLAUSES

18. 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, Kacy Rankine is 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]

19. **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, Kacy Rankine
    **SHALL PAY** the full amount of the proposed forfeiture or **SHALL
    FILE** a written statement seeking reduction or cancellation of the
    proposed forfeiture.

20. 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.

21. 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.

22. 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.

23. 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]

24. **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 Kacy Rankine at his 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 location from which the agents heard the station far exceeded
    the typical range for a certified Part 15 device. Subsequent field
    strength measurements made for this location showed that the
    station's signal exceeded the permissible level for a non-licensed
    Part 15 transmitter. *See infa* para. 8.

[^5]: A cached website for G City Records, Inc.,
    <http://www.geocities.com/gcityprmtnsinc/>, lists the phone number
    973-374-5360, the address 866 18^th^ Avenue, and has a list of G
    City Records personnel. Kacy Rankine also is the first person listed
    on the website, where he is identified as the Director of
    Promotions. The website refers to "Roadblock Radio," and to concert
    events at "The Hut Nite Club, 373 South Orange Avenue." An updated
    website for G City Records, Inc., <http://www.gcityrecords.com/>,
    referred to its enterprises as "G-City Entertainment Inc.," "G-City
    Records," and "Roadblock Radio 90.1 FM New Jersey," and lists the
    "Roadblock Radio" phone number as 973-824-1200. The official
    Corporate Status Report from the State of New Jersey Department of
    Treasury shows that G City, Inc. is an active domestic profit
    corporation, registered in the name of Kacy Rory Rankine.

[^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.