**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-03-TP-092        |
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| Alexandre Pierre Abelard         | ) | NAL/Acct. No. 200332700025   |
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| AKA Abelard Pierre               | * | FRN 0008948150               |
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| 7961 Gladiolus Dr., Apt. 304     | * |                              |
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| Fort Myers, FL 33908             | ) |                              |
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**FORFEITURE ORDER**

**Adopted:** September 29, 2004 **Released:** October 1, 2004

By the Assistant Chief, Enforcement Bureau:

# introduction

1.  In this *Forfeiture Order* ("*Order*"), we issue a monetary
    forfeiture in the amount of seventeen thousand dollars (\$17,000) to
    Alexandre Pierre Abelard, aka Abelard Pierre, for willful violation
    of Sections 301 and 303(n) of the Communications Act of 1934, as
    amended ("Act").[^1] The noted violations involve his operation of a
    radio station without Commission authorization and refusal to allow
    a Commission inspection of his transmitting apparatus.

2.  On May 20, 2003, the FCC's Tampa, Florida Field Office ("Tampa
    Office") issued a *Notice of Apparent Liability for Forfeiture*
    ("*NAL"*) to Alexandre Pierre Abelard proposing a forfeiture in the
    amount of seventeen thousand dollars (\$17,000).[^2] Mr. Pierre
    responded to the *NAL* on June 5, 2003.

#  background 

3.  On March 3, 2003, the FCC's Tampa Field Office ("Tampa Office")
    received a complaint from the Federal Aviation Administration that
    an unlicensed radio station operating on 103.3 MHz in Fort Myers,
    Florida was causing interference to aircraft communications on
    119.000 MHz. Commission records showed no license issued for a
    station on that frequency in the Fort Myers area. Using
    direction-finding techniques on March 4, 2003, the agents determined
    the source of the signal on 103.3 MHz to be a one-story strip
    business building at 2217 Fowler Street, Fort Myers, Florida. The
    agents also observed a spurious radio emission on the aviation
    frequency 119.000 MHz emanating from the same location. The agents
    took field strength measurements of the station's signal and
    determined that the station's field strength was 2,367 times greater
    than the permissible level for unlicensed low power FM
    operation[^3]. Thus, the station required a license to operate.

4.  The agents approached the building and knocked on the door of 2217
    Fowler Street. No one responded to the door and no lights were on
    inside, but several minutes later an adult male drove up and parked
    directly in front of 2217 Fowler Street. The agents interviewed the
    man and he identified himself with a driver's license as Alexandre
    Pierre Abelard ("Mr. Pierre") of 7961 Gladiolus Drive, Apt. 304,
    Fort Myers, Florida.

5.  Mr. Pierre stated that he was the lessee of Suite 2217. The agents
    told Mr. Pierre about the radio signals and the license requirement,
    and requested to inspect the transmitter. Mr. Pierre declined to
    allow the inspection, stating that he was not the operator of the
    station. He stated that he was sub-leasing a back room of the suite
    to a friend and that only the friend had a key to the door of the
    back room where the transmitter was located, but that he would turn
    off the power to the room from his front office. The agents repeated
    their request to inspect the room containing the transmitter,
    explaining the Commission's legal authority to inspect radio
    installations and the need to inspect the station inside Mr.
    Pierre's suite because the station was operating illegally and
    causing harmful interference to aviation communications. Mr. Pierre
    again refused the request. Mr. Pierre then entered 2217 Fowler
    Street and shortly thereafter the radio signals stopped.

6.  On March 5, 2003, the agents returned to 2217 Fowler Street, Ft.
    Myers, Florida and interviewed Mr. Pierre. Mr. Pierre stated that
    the transmitter had been picked up earlier that day by its owner,
    and showed the agents into the back room where the transmitter had
    been. The agents noticed that the backroom had no lock, required no
    key to enter and was freely accessible from Mr. Pierre's suite,
    contrary to his statement made the day before. Mr. Pierre claimed
    that he was the original owner of the transmitter, had sold it to an
    individual he could identify only as "Jean Louis," but could provide
    no evidence of the transaction, or a phone number, address or even
    the existence of a "Jean Louis." Mr. Pierre stated that he owns two
    businesses and runs "Radio Independance" on the internet at
    [www.radioindependance.com/](http://www.radioindependance.com/).
    That web address describes itself as the "Haitian Radio Network."

7.  In his response to the NAL, Mr. Pierre claimed that he was "not
    operating an illegal station as stated," that the agents had the
    opportunity to inspect the premises and were "given the name of the
    owner of the device in question which did not have anything to do
    with me." Mr. Pierre further stated that the agent had left a
    non-working number for the individual to contact him. Mr. Pierre
    provided no information as to the identity, whereabouts or telephone
    number for "Jean Louis" and stated merely that he was refuting the
    allegations and wanted the matter "put to rest."

#  discussion

8.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^4] Section 1.80 of the
    Commission's Rules ("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) ("*Forfeiture Policy
    Statement*"). In examining Mr. Pierre'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 such other matters as justice may
    require.[^6]

9.  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. Section 15.239 of the
    Commission's Rules[^7] permits certain unlicensed low powered radio
    operation, but the operation at Mr. Pierre's location exceeded the
    permissible unlicensed low power limits. Section 303(n) of the Act
    gives the Commission the authority to inspect all radio
    installations associated with stations required to be licensed.

10. Mr. Pierre's response to the *NAL is* entitled to no credibility
    whatsoever. He stated that the room in which the transmitter was
    located was sub-leased to another individual and that he did not
    have a key to the door of the back room. In fact, the door to the
    back room housing the transmitter had no lock, required no key to
    enter and was freely accessible to Mr. Pierre. Further, Mr. Pierre
    stated that he would shut down the transmitter on March 4, 2003,
    thus showing he had control of the transmitter. Mr. Abelard refused
    to allow an inspection of his station and later claimed that he had
    sold the transmitter to an individual he could identify only as
    "Jean Louis," but could provide no evidence of the transaction or a
    phone number, address or even the existence of a "Jean Louis." Mr.
    Pierre's response to the *NAL* was equally devoid of any identifying
    information regarding the purported "Jean Louis."

11. We find that Mr. Pierre willfully[^8] violated Sections 301 and
    303(n) of the Act on May 4, 2003 by operating radio transmitting
    equipment without authorization from the Commission and refusing to
    allow an inspection of the operating transmitter. Mr. Pierre has
    submitted nothing warranting mitigation of the forfeiture amount and
    we find no basis for cancellation or reduction of the \$17,000
    forfeiture proposed for these violations.

#  ordering clauses

12. 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(f)(4) of the Commission's Rules,[^9] Alexandre Pierre
    Abelard aka Abelard Pierre **IS LIABLE FOR A MONETARY FORFEITURE**
    in the amount of seventeen thousand dollars (\$17,000) for willfully
    violating Sections 301 and 303(n) of the Act.

13. Payment of the forfeiture shall be made in the manner provided for
    in Section 1.80 of the Rules 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.[^10] Payment may be made by
    credit card through the Commission's Credit and Debt Management
    Center at (202) 418-1995 or 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. Payment by overnight mail may be sent to Bank
    One/LB 73482, 525 West Monroe, 8^TH^ Floor Mailroom, Chicago,
    Illinois 60661. Payment by wire transfer may be made to ABA Number
    071000013, receiving bank Bank One, and account number 1165259. The
    payment must include the FCC Registration Number (FRN) and the
    NAL/Acct. No. referenced in the caption. Requests for full payment
    under an installment plan should be sent to: Chief, Credit and Debt
    Management Center, 445 12^th^ Street, S.W., Washington, D.C.
    20554.[^11]

14. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class and Certified Mail Return Receipt Requested to
    Alexander Abelard Pierre aka Abelard Pierre, 7961 Gladiolus Drive,
    Apt. 304, Fort Myers, FL 33908.

    FEDERAL COMMUNICATIONS COMMISSION

    George R. Dillon

    Assistant Chief, Enforcement Bureau

[^1]: 47 U.S.C. §§ 301, 303(n).

[^2]: *Notice of Apparent Liability for Forfeiture*, NAL/Acct. No.
    200332700025 (Enf. Bur., Tampa Office, released May 20, 2003).

[^3]: Under Section 15.239 of the Commission's Rules, 47 C.F.R. §
    15.239, the use of an intentional radiator in the 88-108 MHz band is
    permitted only if the field strength of the transmissions does not
    exceed 250 microvolts/meter at three meters.

[^4]: 47 U.S.C. § 503(b).

[^5]: 47 C.F.R. § 1.80.

[^6]: 47 U.S.C. § 503(b)(2)(D).

[^7]: See footnote 3, *supra*.

[^8]: 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,' ... 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).

[^9]: 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^10]: 47 U.S.C. § 504(a).

[^11]: *See* 47 C.F.R. § 1.1914.