**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-03-NY-003

)

Hip Hop City Corp. ) NAL/Acct. No. 200332380020

Brooklyn, NY )

) FRN: 0008 5372 76

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

> **Released: April 21, 2003**

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

# 

# I. INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Hip Hop City Corp. ("Hip Hop") has apparently violated
    Section 301 of the Communications Act of 1934 ("Act") [^1], as
    amended, by operating an unlicensed radio transmitter on the
    frequency 1710 kHz. We conclude that Hip Hop is apparently liable
    for a forfeiture in the amount of ten thousand dollars (\$10,000).

###### 

###### II. BACKGROUND

2.  On January 6, 7, 8, and 9, 2003, the FCC New York Office received
    information from the FCC Columbia, Maryland monitoring station,
    regarding an unlicensed AM station operating on 1710 kHz in the New
    York City area.

3.  On January 9, 2003, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 1710 kHz in
    Brooklyn, NY. The agents observed unauthorized radio broadcast on
    1710 kHz, and identified the source of the unauthorized
    transmissions as 1236-1244 Atlantic Avenue, Brooklyn, NY 11216. The
    agents observed an AM broadcast antenna on the roof of the building.
    In response to questions, the owner of a car wash, "Brooklyn Finest
    Hand Car Spa" ("Car Spa"), located in the building, told the agents
    that a company called "Hip Hop" owned the building. Further
    investigation confirmed the ownership by Hip Hop. An agent's search
    of the telephone directory determined that the addresses and phone
    numbers listed for Hip Hop and Car Spa were the same. There was no
    evidence of a Commission authorization for this operation in
    Brooklyn, NY.

4.  On January 10, 2003, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 1710 kHz in
    Brooklyn, NY. The agents again observed unauthorized radio broadcast
    on 1710 kHz, and identified the source of the unauthorized
    transmissions as 1236-1244 Atlantic Avenue, Brooklyn, NY 11216. The
    agents obtained access to the roof of 1236 Atlantic Avenue, where
    they observed a vertical antenna with a coaxial cable leading across
    the roof into a locked equipment room. The agents then informed the
    owner of Car Spa that there was an unlicensed station operating from
    the building. In response to questions, the owner of Car Spa again
    told the agents that Hip Hop owned the building.

5.  On January 13, 2003, the New York Office sent Warning Letters, for
    unlicensed operation, by First Class and Certified Mail Return
    Receipt Requested, to Hip Hop and Car Spa, addressed to 1244
    Atlantic Avenue. The New York Office did not receive a reply to the
    Warning Letters. On January 16, 2003, the New York Office received a
    signed receipt for the Warning Letter mailed to Car Spa.

6.  On January 18, 2003, Commission agents returned to 1236-1244
    Atlantic Avenue, and informed the building construction supervisor
    about the unlicensed station. The construction supervisor
    accompanied the agents to the roof, where they observed the antenna
    and coaxial cable just as before. In response to questions, the
    construction supervisor provided the agents with information
    indicating that Eliyahu Ezagui, residing at 1227 President Street,
    was the responsible party for the building at 1236-1244 Atlantic
    Avenue.

7.  On January 21, 2003, a Commission agent's search of New York State
    records confirmed that the Chief Executive Officer of Hip Hop is
    Eliyahu Ezagui, with the principal executive office located at 1227
    President Street, Unit 4C, Brooklyn, NY 11225. The New York Office
    sent a Warning Letter, for unlicensed operation, by First Class and
    Certified Mail Return Receipt Requested, to Hip Hop, 1227 President
    Street, Unit 4C, Attention: Eliyahu Ezagui. The New York Office did
    not receive a reply to the Warning Letter. On January 27, 2003, the
    New York Office received a signed receipt for the Warning Letter
    mailed to Hip Hop.

8.  On January 29, 2003, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 1710 kHz in
    Brooklyn, NY. The agents again observed unauthorized radio broadcast
    on 1710 kHz, and identified the source of the unauthorized
    transmissions as 1236-1244 Atlantic Avenue, Brooklyn, NY 11216.
    Immediately after locating the source of the signal, the agents made
    a field strength measurement of the station's signal and determined
    that the field strength far exceeded the permissible level for a
    non-licensed low-power radio transmitter.

9.  On January 30, 2003, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 1710 kHz in
    Brooklyn, NY. The agents again observed unauthorized radio broadcast
    on 1710 kHz, and identified the source of the unauthorized
    transmissions as 1236-1244 Atlantic Avenue, Brooklyn, NY 11216.
    Immediately after locating the source of the signal, the agents made
    a field strength measurement of the station's signal and determined
    that the field strength far exceeded the permissible level for a
    non-licensed low-power radio transmitter.

10. On February 27, 2003, Commission agents, using a mobile
    direction-finding vehicle, monitored the frequency 1710 kHz in
    Brooklyn, NY. The agents again observed unauthorized radio broadcast
    on 1710 kHz, and identified the source of the unauthorized
    transmissions as 1236-1244 Atlantic Avenue, Brooklyn, NY 11216.
    Immediately after locating the source of the signal, the agents made
    a field strength measurement of the station's signal and determined
    that the field strength far exceeded the permissible level for a
    non-licensed low-power radio transmitter.

### III. DISCUSSION

11. 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. A review of Commission's records
    showed that there was no evidence of a Commission authorization to
    operate this station on the frequency 1710 kHz, in Brooklyn, NY.

12. Based on the evidence before us, we find that Hip Hop was
    responsible for the operation of radio transmission equipment on
    1710 kHz on January 9, 10, 29, and 30, 2003, and February 27, 2003,
    without a Commission authorization in willful[^2] and repeated[^3]
    violation of Section 301 of the Act.

13. *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

14. 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 Commission's
    Rules[^7], Hip Hop is hereby NOTIFIED of its APPARENT LIABILITY FOR
    A FORFEITURE in the amount of ten thousand dollars (\$10,000) for
    willfully violating Section 301 of the Act.

15. 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, Hip Hop SHALL PAY the full amount of
    the proposed forfeiture or SHALL FILE a written statement seeking
    reduction or cancellation of the proposed forfeiture.

16. 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. 200332380020
    and FRN: 0008 5372 76.

17. 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. 200332380020.

18. 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.

19. 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]

20. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If you qualify as a small entity and if you wish to be
    treated as a small entity for tracking purposes, please so certify
    to us within thirty (30) days of this NAL, either in your response
    to the NAL or in a separate filing to be sent to the Technical and
    Public Safety Division. Your certification should indicate whether
    you, including your parent entity and its subsidiaries, meet one of
    the definitions set forth in the list provided by the FCC's Office
    of Communications Business Opportunities (OCBO) set forth in
    Attachment A of this Notice of Apparent Liability. This information
    will be used for tracking purposes only. Your response or failure to
    respond to this question will have no effect on your rights and
    responsibilities pursuant to Section 503(b) of the Communications
    Act. If you have questions regarding any of the information
    contained in Attachment A, please contact OCBO at (202) 418-0990.

21. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
    LIABILITY shall be sent by Certified Mail, Return Receipt Requested,
    to Hip Hop City Corp., 1227 President Street, Unit 4C, Brooklyn, NY
    11225.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

> New York Office

Attachment A - Condensed List of Small Entities, October 2002

[^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.