**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-08-NY-051       |
|                                  |   |                                 |
| Yvon Louis                       | ) | NAL/Acct. No: 200832380009      |
|                                  |   |                                 |
| Hollis, NY                       | ) | FRN: 0006 2631 72               |
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|                                  | ) |                                 |
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|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: June 17, 2008

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

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    find that Yvon Louis ("Louis") apparently willfully and repeatedly
    violated Section 301 of the Communications Act of 1934, as amended
    ("Act"),[^1] by providing services and facilities incidental to the
    operation of an unlicensed radio transmitter on the frequency 88.1
    MHz in Hollis, NY. We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended ("Act"),[^2] that Louis is
    apparently liable for a forfeiture in the amount of ten thousand
    dollars (\$10,000).

# BACKGROUND

2.  On February 20, 2008, in response to an interference complaint, a
    Commission agent, using a mobile direction-finding vehicle,
    monitored the frequency 88.1 MHz in Hollis, NY. The agent observed a
    radio station broadcasting on 88.1 MHz and determined that the
    station was operating from a building located at 186-15 Jamaica
    Avenue, Hollis, NY. The agent observed an FM broadcast antenna on
    the roof of 186-15 Jamaica Avenue. The agent also observed a sign
    for Calvary Tabernacle, which was involved in a prior unlicensed
    radio station operation, in front of the building located at 186-17
    Jamaica Avenue, Hollis, NY, which was attached to the building
    located at 186-15 Jamaica Avenue, Hollis, NY. The agent subsequently
    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")[^3] and therefore required a
    license. An agent searched Commission databases and found no
    evidence of a Commission authorization for this operation on 88.1
    MHz in Hollis, NY.

3.  On February 21, 2008, a Commission agent, using a mobile
    direction-finding vehicle, monitored the frequency 88.1 MHz in
    Hollis, NY. The agent observed a radio station broadcasting on 88.1
    MHz and again determined that the station was operating from the
    building located at 186-15 Jamaica Avenue, Hollis, NY. The agent
    observed an FM broadcast antenna on the roof of 186-15 Jamaica
    Avenue. The agent subsequently took field strength measurements and
    determined that the signals being broadcast exceeded the limits for
    operation under Part 15 of the Rules and therefore required a
    license.

4.  On February 22, 2008, the New York Office sent, via regular mail and
    certified mail, return receipt requested, a *NOUO* addressed to
    Louis at 186-17 Jamaica Avenue, Hollis, NY 11423.[^4] A *NOUO* also
    was issued to Jamaica Avenue Properties, the owner of the attached
    buildings located at 186-15 Jamaica Avenue and 186-17 Jamaica
    Avenue, Hollis, NY 11423. The *NOUO*s warned that operation of the
    unlicensed radio station on 88.1 MHz violated Section 301 of the Act
    and outlined the potential penalties for such a violation, including
    seizure of the equipment, fines and imprisonment. The *NOUO*s also
    directed Louis and Jamaica Avenue Properties to terminate operation
    of the unlicensed station immediately and provided ten days for
    Louis and Jamaica Avenue Properties to reply. The NOUO sent to Louis
    via certified mail was returned to the NY Office by the U.S. Postal
    Service as unclaimed. The *NOUO* sent to Louis via regular mail was
    not returned to the New York Office. The certified mail receipt for
    the NOUO sent to Jamaica Avenue Properties was later returned to the
    New York Office by the U.S. Postal Service with a signature
    indicating receipt of the *NOUO*.

5.  On March 17, 2008, a Commission agent received a phone call from the
    property owner of the attached buildings located at 186-15 Jamaica
    Avenue and 186-17 Jamaica Avenue, Hollis, NY, who told the agent
    that he received the *NOUO* from the FCC regarding the radio station
    on his property. The owner informed the agent that Louis admitted to
    him that he is responsible for the station. The owner also stated
    that he told Louis to stop operating the station and to remove the
    antenna. At the agent's request, the owner provided a copy of a
    lease for 186-17 Jamaica Avenue, Hollis, NY 11423, which showed that
    Louis is the tenant for the first floor and the basement.

6.  On March 18, 2008, Commission agents went to 186-17 Jamaica Avenue
    to conduct a follow-up investigation. Louis was not present, but
    agents observed a coaxial cable typically used in FM broadcast
    operations disconnected from the FM broadcast antenna on the roof of
    the building located at 186-15 Jamaica Avenue, Hollis, NY, but going
    into the basement of 186-17 Jamaica Avenue, Hollis, NY. The agents
    observed that the church, Calvary Tabernacle, is located in the
    basement of 186-17 Jamaica Avenue, Hollis, NY.

7.  As of June 5, 2008, Louis did not submit a response to the February
    22, 2008 NOUO to explain the circumstances regarding the operation
    of his unlicensed transmitter at 186-17 Jamaica Avenue, Hollis, NY.

8.  Louis was the subject of a prior FCC investigation in 2001 and 2002
    regarding the operation of an unlicensed radio station on 88.1 MHz,
    90.1 MHz, and 93.7 MHz at 1653 Nostrand Avenue in Brooklyn, NY,
    which at the time was the location of the Cavalry Tabernacle church.
    Despite receiving a written warning on November 23, 2001, that
    unlicensed operation of a radio station constitutes a violation of
    Section 301 of the Act and that such operation could result in
    penalties, including seizure of the equipment, fines and
    imprisonment, Louis continued to operate an unlicensed radio
    station. On July 23, 2002, the FCC's New York Office issued a Notice
    of Apparent Liability for Forfeiture to Louis in the amount of
    \$10,000 for violation of Section 301 of the Act.[^5] In response to
    the Notice of Apparent Liability for Forfeiture, Louis did not deny
    operating radio transmission equipment at 1653 Nostrand Avenue in
    Brooklyn from November 2001 through January 2002, but claimed that,
    after the inspection in December 2001, he exchanged his one-watt
    transmitter for a transmitter that complied with the Part 15
    emission limits. The Enforcement Bureau issued a Forfeiture Order
    finding that, on several dates after Louis claimed to have begun
    using a Part 15 transmitter, FCC agents detected a signal emanating
    from 1653 Nostrand Avenue that exceeded the permissible field
    strength measurements for Part 15 devices.[^6] Louis filed a
    petition for reconsideration of the Forfeiture Order again arguing
    that his radio station operations complied with the FCC's Part 15
    requirements. For the same reasons stated in the Forfeiture Order,
    the Enforcement Bureau denied Louis's petition for
    reconsideration.[^7]

# DISCUSSION

9.  Section 503(b) of the Act provides that any person who willfully or
    repeatedly fails to comply substantially with the terms and
    conditions of any license, or willfully or repeatedly fails to
    comply with any of the provisions of the Act or of any rule,
    regulation or order issued by the Commission thereunder, shall be
    liable for a forfeiture penalty. The term "willful" as used in
    Section 503(b) has been interpreted to mean simply that the acts or
    omissions are committed knowingly.[^8] The term "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^9]

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
    things the receipt, forwarding, and delivery of communications)
    incidental to such transmission."[^10] Agents determined that, on
    February 20, 2008 and February 21, 2008, an unlicensed radio station
    was broadcasting on 88.1 MHz from 186-15 Jamaica Avenue and 186-17
    Jamaica Avenue, in Hollis, NY. Agents observed a coaxial cable that
    had been attached to the antenna on the roof of the building of
    186-15 Jamaica Avenue, Hollis, NY 11423, going into the basement of
    186-17 Jamaica Avenue, Hollis, NY. A lease agreement provided by the
    property owner shows that Louis is the tenant for the first floor
    and basement of 186-17 Jamaica Avenue, Hollis, NY 11423. We have
    previously held that liability for unlicensed operation may be
    assigned to an individual who provides services and facilities
    incidental to the transmission of communications by radio.[^11] We
    find that Louis is responsible for the unlicensed station operation
    of 88.1 MHz at 186-17 Jamaica Avenue, Hollis, NY 11423, because he
    provided the facilities used in the operation of the station.
    Louis's actions were willful because he was warned during a prior
    investigation in 2001 and 2002 that operation of an unlicensed radio
    station constitutes a violation of Section 301 of the Act. The
    violation was repeated because it occurred on more than one day.

11. Based on the evidence before us, we find that Louis apparently
    willfully and repeatedly violated Section 301 of the Act by
    providing services and facilities incidental to the transmission of
    communications by radio.

12. Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* (\"*Forfeiture Policy Statement*\"), and Section 1.80
    of the Rules, the base forfeiture amount for operation without an
    instrument of authorization is \$10,000.[^12] In assessing the
    monetary forfeiture amount, we must also take into account the
    statutory factors set forth in Section 503(b)(2)(E) of the Act,
    which include the nature, circumstances, extent, and gravity of the
    violations, and with respect to the violator, the degree of
    culpability, and history of prior offenses, ability to pay, and
    other such matters as justice may require.[^13] Because Louis has a
    previous history of non compliance with Commission Rules, we find
    that his apparent willful and repeated operation of an unlicensed
    radio station is particularly egregious. Applying the *Forfeiture
    Policy Statement*, Section 1.80, and the statutory factors to the
    instant case, we conclude that Louis is apparently liable for a
    (\$10,000) forfeiture.

# ORDERING CLAUSES

13. Accordingly**, IT IS ORDERED** that, pursuant to Section 503(b) of
    the Communications Act of 1934, as amended, and Sections 0.111,
    0.311, 0.314 and 1.80 of the Commission\'s Rules, Yvon Louis is
    hereby **NOTIFIED** of this **APPARENT LIABILITY FOR A FORFEITURE**
    in the amount of ten thousand dollars (\$10,000) for violations of
    Section 301 of the Act.[^14]

14. **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 for Forfeiture, 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.

15. 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\[**s**\] 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. Louis shall also send electronic
    notification on the date said payment is made to
    NER-Response@fcc.gov.

16. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Northeast Region, New York Office,
    201 Varick Street, Suite 1151, New York, NY 10014 and must include
    the NAL/Acct. No. referenced in the caption. An electronic copy
    shall be sent to NER-Response@fcc.gov

17. 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.

18. **IT IS FURTHER ORDERED** that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Yvon Louis at his address of
    record.

FEDERAL COMMUNICATIONS COMMISSION

Daniel W. Noel

District Director

New York Office

Northeast Region

Enforcement Bureau

[^1]: 47 U.S.C. § 301.

[^2]: 47 U.S.C. § 503(b).

[^3]: 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 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.

[^4]: Agents believed the operator was Yvon Louis based on license plate
    searches of vehicles observed on scene as well as a search of
    residents at that location, both of which turned up the name Yvon
    Louis. In addition, Louis was the subject of a prior investigation
    that took place in 2001 and 2002 where Louis was found to have
    operated an unlicensed radio station in connection with the Cavalry
    Tabernacle church on 88.1 MHz, 90.1 MHz, and 93.7 MHz at another
    location in Brooklyn, NY. *See infra* para. 8.

[^5]: *See Rev. Yvon Louis*, Notice of Apparent Liability for
    Forfeiture*,* NAL/Acct. No. 200232380002 (Enf. Bur., New York
    Office, released July 23, 2002).

[^6]: *See Rev. Yvon Louis*, Forfeiture Order, 18 FCC Rcd 16187 (EB
    2003).

[^7]: *Rev. Yvon Louis*, Memorandum Opinion and Order, 19 FCC Rcd 17699
    (EB 2004).

[^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\', 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 or
    any rule or regulation of the Commission authorized by this Act...."
    *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387 (1991).

[^9]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) 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."

[^10]: 47 U.S.C. § 153(33).

[^11]: *See Joni K. Craig,* Forfeiture Order, 21 FCC Rcd 10793 (EB
    2006).

[^12]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^13]: 47 U.S.C. § 503(b)(2)(E).

[^14]: 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80.