**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | File No. EB-01-NY-490        |
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| Rev. Yvon Louis                  | ** | NAL/Acct. No. 200232380002   |
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| Brooklyn, NY                     | *  | FRN 0006-2631-72             |
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**FORFEITURE ORDER**

**Adopted: August 1, 2003 Released: August 5, 2003**

By the Chief, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of ten thousand dollars (\$10,000) to Rev.
    Yvon Louis ("Rev. Louis") for willful and repeated violation of
    Section 301 of the Communications Act of 1934, as amended,
    ("Act").[^1] The noted violation involves Rev. Louis's operation of
    an unlicensed radio transmitter on frequencies 93.7 MHz, 88.1 MHz,
    and 90.1 MHz.

2.  On July 23, 2002, the District Director of the Commission's New
    York, New York Field Office ("New York Office") issued a *Notice of
    Apparent Liability for Forfeiture* ("*NAL*") in the amount of
    \$10,000 to Rev. Louis.[^2] Rev. Louis filed a response to the *NAL*
    on July 30, 2002.

    **II. BACKGROUND**

3.  On November 16, 2001, in connection with an investigation of the
    operation of unlicensed FM broadcast stations in Brooklyn, New York,
    agents from the New York Office observed unauthorized radio
    broadcast on 93.7 MHz, and positively identified the source of the
    unauthorized transmissions to the Calvary Tabernacle, Inc., a church
    located at 1653 Nostrand Avenue, Brooklyn, New York, 11226. There
    was no evidence of a Commission authorization for this operation in
    Brooklyn, New York.

4.  On November 17, 2001, Commission agents again observed unauthorized
    radio broadcast on 93.7 MHz, and positively identified the source of
    the unauthorized transmissions to the Calvary Tabernacle, Inc., 1653
    Nostrand Avenue, Brooklyn, New York, 11226. The agents requested and
    were given permission by the church's pastor, Rev. Louis, to inspect
    Calvary Tabernacle Inc.'s radio station and studio equipment. While
    performing the inspection, the agents hand delivered a Warning
    Letter to Rev. Louis for the operation of the unlicensed station.
    The Warning Letter warned Rev. Louis that operation of the
    unlicensed radio station on 93.7 MHz violated 47 U.S.C. § 301,
    outlined the potential penalties for the unlicensed operation, and
    directed Rev. Louis to take steps to terminate the unlicensed
    operation. On November 23, 2001, the New York Office also sent a
    Warning Letter regarding the unlicensed operation to Rev. Louis.

5.  On December 5, 2001, the New York Office received a letter from Rev.
    Louis in which Rev. Louis acknowledged and confirmed the operation
    of a radio station at 1653 Nostrand Avenue, Brooklyn, New
    York 11226. On December 14, 2001, Commission agents observed radio
    broadcast on 88.1 MHz, and positively identified the source of the
    unauthorized transmissions to the Calvary Tabernacle, Inc., 1653
    Nostrand Avenue, Brooklyn, New York, 11226. There was no evidence of
    a Commission authorization for this operation in Brooklyn, New York.

6.  On December 17, 2001, Commission agents requested and were given
    permission to inspect the Calvary Tabernacle, Inc. radio station by
    Rev. Louis. In response to questions by the agents, Rev. Louis told
    the agents that he operated the station on weekends, first on 93.7
    MHz, and later on 88.1 MHz. The agents noted that Rev. Louis had a
    copy of the Warning Letter dated November 23, 2001, in his
    possession. On January 4, January 5, January 11, and January 18,
    2002, Commission agents again observed radio broadcast on 88.1 MHz,
    and positively identified the source of the unauthorized
    transmissions to the Calvary Tabernacle, Inc., 1653 Nostrand Avenue,
    Brooklyn, New York, 11226. The measurements taken on January 5, and
    January 18, 2002 exceeded the field strength limits for non-licensed
    low-power Part 15 transmitters by 2,479 and 3,391 times
    respectively.

7.  On January 18, 2002, Commission agents again observed radio
    broadcast on 88.1 MHz, and positively identified the source of the
    unauthorized transmissions to the Calvary Tabernacle, Inc., 1653
    Nostrand Avenue, Brooklyn, New York, 11226. The agents conducted a
    station inspection and determined that Rev. Louis was the person
    operating the station.

8.  On January 22, 2002 the New York Office received a letter from Rev.
    Louis in which he stated that during the December 17, 2001
    inspection the agents found a one watt transmitter and informed him
    that the unlicensed operation of the transmitter violated Section
    301 of the Act. Rev. Louis further states that the agents told him
    he could operate a low-power transmitter under Part 15 of the
    Rules.[^3] Based on the agents' statements, Rev. Louis asserts that
    he exchanged the one watt transmitter for one that complied with
    Part 15 of the Rules. Rev. Louis claims that the transmitter
    inspected by the agents on January 18, 2002 was the new Part 15
    compliant transmitter.

9.  On January 27, 2002, a Commission agent observed radio broadcast on
    90.1 MHz, and positively identified the source of the unauthorized
    transmissions to Calvary Tabernacle, Inc., 1653 Nostrand Avenue,
    Brooklyn, New York, 11226. There was no evidence of a Commission
    authorization for this operation in Brooklyn, New York.

10. On June 22, 2002, Commission agents again observed radio broadcast
    on 88.1 MHz, and positively identified the source of the
    unauthorized transmissions to the Calvary Tabernacle, Inc., 1653
    Nostrand Avenue, Brooklyn, New York, 11226. The agents made field
    strength measurements of the station's signal. The agents'
    measurements indicated that the field strength of the signal
    exceeded the permissible level for a non-licensed low-power
    transmitter by 847 times. The agents conducted a station inspection
    and determined that Rev. Louis was the person responsible for the
    station operation.

11. On July 23, 2002, the New York Office issued a *NAL* in the amount
    of \$10,000 to Rev. Louis for operating an unlicensed radio
    transmitter on frequencies 93.7 MHz, 88.1 MHz, and 90.1 MHz in
    willful and repeated violation of Section 301 of the Act. In his
    response to the *NAL*, Rev. Louis requests cancellation of the
    forfeiture, and enclosed copies of letters he sent the New York
    Office which were received on December 5, 2001 and January 22, 2002.
    Rev. Louis argues that he allowed a Commission agent to inspect the
    church on November 16, 2001, and that the Commission agent did not
    find a transmitter during that inspection. Rev. Louis alleges that
    he thereafter replaced the one watt transmitter with a Part 15
    transmitter, after being informed by the agent that its operation
    would be permitted without a license, and that during a subsequent
    inspection, only a non-operating Part 15 transmitter was observed by
    the agent. Rev. Louis concludes that the Commission never found a
    "good functioning radio transmitter" at the church, and that he did
    not violate Section 301 of the Act.

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III. **DISCUSSION**

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12. The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Communications Act of 1934, as
    amended, ("Act"),[^4] Section 1.80 of the Rules,[^5] and *The
    Commission's Forfeiture Policy Statement and Amendment of Section
    1.80 of the Rules to Incorporate the Forfeiture Guidelines*, 12 FCC
    Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999). In
    examining Rev. Louis's response, Section 503(b) of the Act requires
    that the Commission take into account 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.[^6]

13. Section 301 of the Act prohibits radio operation "except under and
    in accordance with this Act and with a license in that behalf
    granted under the provisions of this Act."[^7] Rev. Louis does not
    dispute that he operated radio transmitting equipment at 1653
    Nostrand Avenue, Brooklyn, New York 11226 from November 2001 through
    January 2002, without a Commission license or authorization;
    however, Rev. Louis argues that his operations are permitted under
    Part 15 of the Rules because he exchanged his one watt transmitter
    for a Part 15 compliant transmitter after the December 17, 2001
    inspection. We reject Rev. Louis's argument that no operable
    transmitting equipment was located at 1653 Nostrand Avenue,
    Brooklyn, New York 11226, and that his transmissions complied with
    Part 15 of the Rules after the December 17, 2001 inspection. We note
    that Commission agents located an operable signal at the location on
    numerous occasions and detected a measurable field strength signal
    on January 5, 2002, January 18, 2002 and June 22, 2002. From the
    field strength measurements taken, the agents determined that the
    signals exceeded the permissible level for a non-licensed Part 15
    transmitter by 2,479, 3,391, and 847 times respectively. Hence, we
    conclude that Rev. Louis' unlicensed operation was unauthorized and
    is therefore a repeated violation of Section 301 of the Act.[^8]

14. We further conclude that this repeated violation of Section 301 of
    the Act is also a willful violation within the meaning of the Act
    inasmuch as Rev. Louis admits that he continually operated the
    station without a license.[^9] Moreover, he did so despite repeated
    warnings from FCC staff. In light of the foregoing, we decline to
    cancel or reduce the forfeiture amount.

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IV. **ORDERING CLAUSE**

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15. **ACCORDINGLY, IT IS ORDERED THAT**, pursuant to Section 503(b) of
    the Act,[^10] and Sections 0.111, 0.311 and 1.80(f)(4) of the
    Rules,[^11] Rev. Yvon Louis **IS LIABLE FOR A MONETARY FORFEITURE**
    in the amount of ten thousand dollars (\$10,000) for operating an
    unlicensed radio transmitter in willful and repeated violation of
    Section 301 of the Act.

16. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules[^12] within 30 days of the release of
    this *Order*. If the forfeiture is not paid within the period
    specified, the case may be referred to the Department of Justice for
    collection pursuant to Section 504(a) of the Act.[^13] Payment shall
    be made by mailing a check or similar instrument, payable to the
    order of the "Federal Communications Commission," to the Federal
    Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment should note the NAL/Acct. No. 200232380002
    and FRN 0006-2631-72 referenced above. Requests for full payment
    under an installment plan should be sent to: Chief, Revenue and
    Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^14]

17. **IT IS FURTHER ORDERED THAT** a copy of this *Order* shall be sent
    by first class mail and certified mail, return receipt requested, to
    Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn, NY 11226.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200232380002 (Enf. Bur., New York Office, released July 23, 2002).

[^3]: 47 C.F.R. §§ 15.1 *et seq.* permits the use of certain
    non-licensed low-power transmitters.

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: 47 U.S.C. § 301.

[^8]: Section 312(f)(2) 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." 47 U.S.C. § 312(f)(2).

[^9]: Section 312(f)(1) of the Act provides that "\[t\]he term
    'willful,' ... 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...." 47 U.S.C. § 312(f)(1). This definition
    also applies to Section 503(b). *See Southern California
    Broadcasting Co.,* 6 FCC Rcd 4387 (1991).

[^10]: 47 U.S.C. § 503(b).

[^11]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^12]: 47 C.F.R. § 1.80.

[^13]: 47 U.S.C. § 504(a).

[^14]: *See* 47 C.F.R. § 1.1914.