**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-01-NY-490

)

Rev. Yvon Louis ) NAL/Acct. No. 200232380002

Brooklyn, NY )

) FRN: 0006-2631-72

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released: July 23, 2002**

By the District Director, New York Office, Enforcement Bureau:

# I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Rev. Yvon Louis ("Rev. Louis") has apparently violated
    Section 301 of the Communications Act of 1934 ("Act"),[^1] as
    amended, by operating an unlicensed radio transmitter on frequencies
    93.7 MHz, 88.1 MHz, and 90.1 MHz. We conclude that Rev. Yvon Louis
    is apparently liable for forfeiture in the amount of ten thousand
    dollars (\$10,000).

###### II. BACKGROUND

2.  On November 16, 2001, in connection with an investigation of the
    operation of unlicensed FM broadcast stations in Brooklyn, New York,
    Commission agents 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, NY, 11226. There was no evidence of a Commission
    authorization for this operation in Brooklyn, NY.

3.  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, NY, 11226. The agents requested and were
    given permission by Rev. Louis to inspect the radio station's studio
    equipment. The agents hand-delivered a Warning Letter to Rev. Louis
    for the operation of the unlicensed station.

4.  On November 23, 2001, the New York Office sent a Warning Letter, for
    unlicensed operation, by First Class and Certified Mail Return
    Receipt Requested, 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, NY, 11226.

6.  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, NY, 11226. There was no evidence of a Commission
    authorization for this operation in Brooklyn, NY.

7.  On December 17, 2001, Commissions agents requested and were given
    permission to inspect the 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.

8.  On January 4, January 5, and January 11, 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, NY, 11226.

9.  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, NY, 11226. The agents conducted a station
    inspection and determined that Rev. Louis was the person operating
    the radio station.

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

11. 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, NY, 11226. The agents conducted a station
    inspection and determined that Rev. Louis was the person responsible
    for the station operation.

### 

### III. DISCUSSION

12. Section 301 of the Act sets forth generally 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.

13. Based on the evidence before us, we find that Rev. Louis was
    responsible for the operation of radio transmission equipment on:
    93.7 MHz on November 16, and November 17, 2001; 88.1 MHz on December
    14, 2001, January 4, January 5, January 11, and January 18, 2002;
    90.1 MHz on January 27, 2002, and 88.1 MHz on June 22, 2002, without
    a Commission authorization in willful[^2] and repeated[^3] violation
    of Section 301 of the Act.

14. *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines*,
    12 FCC Rcd 17087, 17113 (1997), *recon. denied*, 15 FCC Rcd
    303(1999) ("*Forfeiture Policy Statement*")[^4], sets the base
    forfeiture amount for operation without an instrument of
    authorization at \$10,000. In assessing the monetary forfeiture
    amount, we must take into account the statutory factors set forth in
    Section 503(b)(2)(D) of the Act,[^5] which include 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. Applying the *Forfeiture Policy Statement* and the
    statutory factors to the instant case and applying the inflation
    adjustments, we believe that a ten thousand dollar (\$10,000)
    monetary forfeiture is warranted.

##### IV. ORDERING CLAUSES

15. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
    Act[^6] and Sections 0.111, 0.311 and 1.80 of the Rules[^7], Rev.
    Yvon Louis is hereby NOTIFIED of his APPARENT LIABILITY FOR A
    FORFEITURE in the amount of ten thousand dollars (\$10,000) for
    willfully violating Section 301 of the Act.

16. 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, Rev. Yvon Louis SHALL PAY the full
    amount of the proposed forfeiture or SHALL FILE a written statement
    seeking reduction or cancellation of the proposed forfeiture.

17. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to the Forfeiture Collection Section, Finance Branch,
    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.

18. Any response to this NAL must be mailed to Federal Communications
    Commission, Enforcement Bureau, Technical and Public Safety
    Division, 445 12th Street, S.W., Washington, D.C. 20554 and MUST
    INCLUDE THE NAL/Acct. No. 200232380002.

19. 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.

20. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivable Operations Group, 445 12th Street, S.W.,
    Washington, D.C. 20554.[^8]

21. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail Return Receipt Requested
    to Rev. Yvon Louis, 1653 Nostrand Avenue, Brooklyn, NY 11226.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

Acting District Director

> New York Office

[^1]: 47 U.S.C. § 301.

[^2]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to 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
    ...." *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^3]: Section 312(f)(2), which also applies to Section 503(b), provides:
    \[t\]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.

[^4]: 47 C.F.R. § 1.80.

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, and 0.311.

[^8]: See 47 C.F.R. § 1.1914.