**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File Number: EB-07-NY-050    |
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| In the Matter of                 | ) | NAL/Acct. No: 200732380012   |
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| Craig Watkins                    | * | FRN: 0014159255              |
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**FORFEITURE ORDER**

**Adopted:** March 10, 2008 **Released:** March 12, 2008

By the Acting Regional Director, Northeast Region, Enforcement Bureau:

# INTRODUCTION 

1.  In this Forfeiture Order ("*Order*"), we issue a monetary forfeiture
    in the amount of seventeen thousand dollars (\$17,000) to Craig
    Watkins ("Watkins") for willfully and repeatedly violating Section
    301 of the Communications Act of 1934, as amended ("Act"), by
    operating an unlicensed radio transmitter on the frequency 106.3 MHz
    in Bronx, NY and willfully violating 303(n) of the Act by refusing
    an inspection of the station. [^1]

# BACKGROUND

2.  On March 7, 2007, the FCC New York Office received a complaint from
    an engineer representing FM station WFAF, which operates on 106.3
    MHz in Mt. Kisco, NY. The engineer reported that an illegal
    broadcast station operating on 106.3 MHz in Bronx, NY was causing
    interference to WFAF.

3.  On March 10, 2007, a Commission agent, using a mobile direction
    finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
    agent observed a radio broadcast on 106.3 MHz and identified the
    source of the transmissions as an FM broadcasting antenna on the
    roof of 927 East 229^th^ Street, Bronx, NY 10466. The agent 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")[^2] and therefore required a license.
    The agent searched Commission databases and found no evidence of a
    Commission authorization for operation on 106.3 MHz in Bronx, NY.

4.  On the same day, after completing field strength measurements,
    Commission agents conducted an investigation on the roof of 927 East
    229^th^ Street, Bronx, NY 10466. The agents observed an FM broadcast
    antenna mounted to the chimney of the building that was connected to
    coaxial cable leading into a window of an upstairs apartment. The
    agents then knocked on the door to the upstairs apartment of the
    two-family house. When the man who answered the door was asked about
    the radio station, he stated that he was a visitor and that he knew
    nothing about the radio station. When agents asked him to turn off
    the transmitter, he did so. The man also advised the agents that the
    apartment's resident was not at home.

5.  While speaking to the man at the upstairs apartment door, the agents
    were approached by the building owner, Garfield White. The agents
    advised White that an unauthorized radio station was being operated
    by someone in the upstairs apartment. White phoned the resident,
    Craig Watkins, and asked him to return to the residence. When
    Watkins arrived, the agents questioned him about the radio station
    and he admitted that there was radio equipment in his apartment, but
    he stated that no radio station existed. Watkins refused to allow
    the agents to inspect the equipment. The agents issued Watkins a
    Notice of Unlicensed Radio Operation for operating an unlicensed
    radio station on 106.3 MHz and for refusing to allow inspection of
    the radio equipment. After returning to the vehicle, the agents
    monitored 106.3 MHz and noted that the station was off the air.

6.  On March 13, 2007, a Commission agent, using a mobile direction
    finding vehicle, monitored the frequency 106.3 MHz in Bronx, NY. The
    agent observed a radio broadcast on 106.3 MHz and identified the
    source of the transmissions as an FM broadcasting antenna on the
    roof of 927 East 229^th^ Street, Bronx, NY 10466. A review of
    Commission databases revealed no evidence of a Commission
    authorization for operation on 106.3 MHz in Bronx, NY.

7.  On March 14, 2007, a Commission agent, using a mobile direction
    finding vehicle, again monitored the frequency 106.3 MHz in Bronx,
    NY. The agent observed a radio broadcast on 106.3 MHz and identified
    the source of the transmissions as an FM broadcasting antenna on the
    roof of 927 East 229^th^ Street, Bronx, NY 10466. The agent took
    field strength measurements and determined that the signals being
    broadcast exceeded the limits for operation under Part 15 of the
    Rules[^3] and therefore required a license. The agent searched
    Commission databases and found no evidence of a Commission
    authorization for operation on 106.3 MHz in Bronx, NY.

8.  On July 27, 2007, Commission's New York Field Office issued a Notice
    of Apparent Liability for Forfeiture ("*NAL*") in the amount of
    \$17,000 to Watkins for apparently violating Section 301 of the Act
    by operating an unlicensed radio transmitter on the frequency 106.3
    MHz in Bronx, NY and willfully violating Section 303(n) of the Act
    by refusing to allow an inspection of the radio station
    equipment.[^4] Watkins filed a response to the *NAL* on August
    25, 2007. In his response, Watkins states that he resides at 927
    East 229^th^ Street, Bronx, NY with his wife, two children, and a
    brother-in-law. Watkins does not deny that there is radio station
    equipment in his apartment and he does not claim that the equipment
    is there without his permission. He states, however, that he does
    not know anything about the operation of a radio station. He
    indicates that he questioned his brother-in-law and his
    brother-in-law's friends about the radio station equipment and the
    antenna on the roof, but he was not able to obtain any information
    from them. Watkins does not address in response his refusal to allow
    the agents to inspect the equipment.

# DISCUSSION

9.  The proposed forfeiture amount in this case was assessed in
    accordance with Section 503(b) of the Act,[^5] Section 1.80 of the
    Rules,[^6] and *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines* ("*Forfeiture Policy Statement"*).[^7] In examining
    Watkins'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.[^8]

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."[^9] Agents determined that, on
    March 10, 13, and 14, 2008, an unlicensed radio station was
    broadcasting on 106.3 MHz from the upstairs apartment at 927 East
    229^th^ Street, Bronx, NY 10466. Watkins was identified by the
    building owner as the resident of the upstairs apartment at 927 East
    229^th^ Street and in his response to the *NAL*, Watkins states that
    he resides at that address. Although Watkins does not admit to
    operating the radio station, Watkins confirms that there is radio
    station equipment in his apartment. Watkins does not state that such
    equipment was there without his permission. As a result, we find
    that Watkins provided services and facilities incidental to the
    transmission of communications by radio occurring on 106.3 MHz at
    927 East 229^th^ Street, Bronx, NY 10466. We have previously held
    that liability for unlicensed operation may be assigned to any
    individual taking part in the operation of the unlicensed station,
    regardless of who else may be responsible for the operation, because
    Section 301 of the Act provides that "no person shall use or
    operate" radio transmission equipment.[^10] Taken together, we find
    that Watkins's actions amounted to willful and repeated violations
    of Section 301 of the Act.

11. Section 303(n) of the Act states that the Commission has the
    authority to inspect all radio installations associated with
    stations required to be licensed in order to ascertain whether, in
    operation, they conform to the requirements of the rules and
    regulations of the Commission. On March 10, 2007, Watkins refused to
    allow agents to inspect the station equipment located in his
    apartment. Watkins does not dispute this finding in response to the
    *NAL*. We therefore find that Watkins willfully violated Section
    303(n) of the Act by failing to allow an inspection of the radio
    station equipment located in his apartment.

# ORDERING CLAUSES

12. **ACCORDINGLY, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended ("Act"), and Sections
    0.111, 0.311 and 1.80(f)(4) of the Commission's Rules, Craig
    Watkins, **IS LIABLE FOR A MONETARY FORFEITURE** in the amount of
    \$17,000 for willfully and repeatedly violating Sections 301 and
    303(n) of the Act.[^11]

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.[^12] 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 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.

14. **IT IS FURTHER ORDERED** that a copy of this *Order* shall be sent
    by First Class Mail and Certified Mail Return Receipt Requested to
    Craig Watkins at his address of record.

**FEDERAL COMMUNICATIONS COMMISSION**

> G. Michael Moffitt

Acting Regional Director, Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 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 micro volts per
    meter ("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.

[^3]: *See supra* n. 2.

[^4]: *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200732380012 (Enf. Bur., New York Office, released July 27, 2007).

[^5]: 47 U.S.C. § 503(b).

[^6]: 47 C.F.R. § 1.80.

[^7]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999).

[^8]: 47 U.S.C. § 503(b)(2)(E).

[^9]: 47 U.S.C. § 153(33).

[^10]: 47 U.S.C. § 301; *See Joni K. Craig,* Forfeiture Order, 21 FCC
    Rcd 10793 (EB 2006); *See also Jean L. Senatus*, Forfeiture Order,
    20 FCC Rcd 14418 (EB 2005). We note that, consistent with this
    precedent, even if Watkins's brother-in-law owns and operates the
    radio station, Watkins remains liable for the provision of services
    and facilities incidental to the radio operations.

[^11]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4); 47
    U.S.C. § 301.

[^12]: 47 U.S.C. § 504(a).