**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Released:** May 20, 2003

By the Enforcement Bureau, Tampa Office:

**I.** **INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
    Alexandre Pierre Abelard, aka Abelard Pierre, apparently liable for
    forfeiture in the amount of seventeen thousand dollars (\$17,000)
    for willful violation of Sections 301 and 303(n) of the
    Communications Act of 1934, as amended ("Act").[^1] Specifically, we
    find Alexandre Pierre Abelard, aka Abelard Pierre apparently liable
    for the operation of an FM broadcast station on the frequency 103.3
    MHz without Commission authorization and for failure to allow
    inspection of the radio installation located on Abelard's premises.

**II. BACKGROUND**

2.  On March 3, 2003, the FCC Enforcement Bureau's Tampa Field Office
    ("Tampa Office") received a complaint from the Federal Aviation
    Administration ("FAA") alleging that an unlicensed radio station
    operating on 103.3 MHz in Fort Myers, Florida was causing
    interference to aircraft communications in that area on the
    frequency 119.00 MHz.

3.  On March 4, 2003, agents from the Tampa Office investigated the
    FAA's complaint and, using direction-finding techniques, determined
    that a radio broadcast station on frequency 103.3 MHz was
    transmitting from a one-story strip business building located at
    2217 Fowler Street, Fort Myers, Florida. An FM broadcast-type
    antenna was mounted on a metal pipe attached to the side of the
    building. The coaxial cable from the antenna entered suite number
    2217 of the building. Based on field strength measurements taken by
    the agents of the station's signal, a Commission authorization was
    required to operate the station.[^2] Additionally, the agents
    observed a spurious radio emission on the aviation frequency 119.00
    MHz emanating from the same location. This spurious emission was at
    the same signal strength level as the main emission on 103.3 MHz.
    Immediately thereafter, the agents approached the building and
    knocked on the door of Suite 2217. No one responded to the door and
    no lights were on inside the suite. Several minutes later, an adult
    male drove up and parked directly in front of Suite 2217. The agents
    approached this man and identified themselves as Commission
    representatives by showing the man their official credentials. The
    agents interviewed this man, identified by his driver's license as
    Alexandre Pierre Abelard of 7961 Gladiolus Dr., Apt. 304 (Lakes Park
    Apartments), Fort Myers, FL 33908. Mr. Abelard rents an apartment at
    that location under the name of Abelard Pierre. Mr. Abelard stated
    that he was the lessee of Suite 2217. The agents told Mr. Abelard
    about the interference problem and station license requirement. The
    agents requested of Mr. Abelard to inspect the radio station inside
    the suite. Mr. Abelard stated that he was not the operator of the
    station, that he was sub-leasing a back room of the suite to another
    individual and did not have the key for the back room, but that he
    would turn the power off to the back area from his front office. The
    agents explained the Commission's legal authority to inspect radio
    installations and explained the need to inspect the station inside
    Mr. Abelard's suite because the station operated illegally and was
    causing harmful interference to aviation communications. The agents
    again requested to see the room containing the transmitter. Mr.
    Abelard again declined the agents' request. Mr. Abelard then entered
    the suite and, shortly thereafter, the radio station ceased to
    transmit.

4.  On March 5, 2003, the agents returned to 2217 Fowler Street, Ft.
    Myers, Florida, and again interviewed Mr. Abelard. Mr. Abelard
    stated that the transmitter had been picked up by its purported
    owner earlier that day. The station's antenna was lying on the
    ground on the side of the building. Mr. Abelard showed the agents
    into the back of the office where the transmitter purportedly used
    to be. The agents found that this back room had no lock, required no
    key to enter, and was freely accessible from Mr. Abelard's suite, in
    contradiction to Mr. Abelard's statements the previous day. Mr.
    Abelard stated that he was the original owner of the transmitter but
    that he had sold it to, and received partial payment from, an
    individual he knew only as "Jean Louis." When requested by the
    agents, Mr. Abelard could not show evidence of the transaction or
    any evidence that "Jean Louis" actually existed.

**III**. **DISCUSSION**

5.  Section 301 of the Act sets forth generally that no person shall use
    or operate any apparatus for the transmission of energy of
    communications or signals by radio within the United States except
    under and in accordance with the Act and with a license. On March 4,
    2003, Alexandre Pierre Abelard aka Abelard Pierre operated radio
    transmitting equipment on the frequency 103.3 MHz without the
    required Commission authorization. Section 303(n) of the Act sets
    forth that the Commission has the authority to inspect all radio
    installations associated with stations required to be licensed. On
    March 4, 2003, Alexandre Pierre Abelard aka Abelard Pierre failed to
    allow agents of the Commission to inspect the radio station located
    on his premises after repeated requests to do so.

6.  Based on the evidence before us, we find that on March 4, 2003,
    Alexandre Pierre Abelard aka Abelard Pierre willfully[^3] violated
    Sections 301 and 303(n) of the Act by operating radio transmission
    apparatus without a license and by failing to allow an inspection of
    his radio installation upon request by authorized Commission
    representatives.

7.  Pursuant to Section 1.80(b) (4) of the Rules,[^4] the base
    forfeiture amount for operating a radio station without a Commission
    authorization is \$10,000, and for failure to permit inspection is
    \$7,000. In assessing the monetary forfeiture amount, we must also
    take into account the statutory factors set forth in Section
    503(b)(2)(D) of the Act, 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.[^5]
    Considering the entire record and applying the factors listed above,
    this case warrants a \$17,000 forfeiture.

**IV. ORDERING CLAUSES**

8.  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]
    Alexandre Pierre Abelard aka Abelard Pierre is hereby NOTIFIED of
    this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen
    thousand dollars (\$17,000) for willful violation of Sections 301
    and 303(n) of the Act by operating a radio station without
    Commission authorization and for failing to allow an inspection of
    his radio installation by authorized Commission representatives.

9.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules,
    within thirty days of the release date of this NAL, Alexandre Pierre
    Abelard aka Abelard Pierre SHALL PAY the full amount of the proposed
    forfeiture or SHALL FILE a written statement seeking reduction or
    cancellation of the proposed forfeiture.

10. 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. and FRN
    referenced above. Requests for payment of the full amount of this
    NAL under an installment plan should be sent to: Chief, Revenue and
    Receivables Operations Group, 445 12th Street, S.W., Washington,
    D.C. 20554.[^8]

11. The response, if any, must be mailed to Federal Communications
    Commission, Office of the Secretary, 445 12^th^ Street SW,
    Washington DC 20554, Attn: Enforcement Bureau-Technical & Public
    Safety Division and MUST INCLUDE THE NAL/Acct. No. referenced above.

12. 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.

13. 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 &
    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.

14. IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent by
    regular mail and Certified Mail Return Receipt Requested to
    Alexandre Pierre Abelard aka Abelard Pierre, 7961 Gladiolus Dr.,
    Apt. 304, Fort Myers, FL 33908.

FEDERAL COMMUNICATIONS COMMISSION

Ralph M. Barlow

###  District Director

###  Tampa Field Office, Enforcement Bureau

Attachment

[^1]: 47 U.S.C. §§ 301 and 303(n).

[^2]: Section 15.239(b) of the Commission's Rules, 47 C.F.R. §
    15.239(b), provides that non-licensed broadcasting in the 88-108 MHz
    band is permitted only if the field strength of the transmissions
    does not exceed 250 µV/m at three meters. Measurements showed that
    the field strength of the station's signal exceeded the permissible
    level for a non-licensed low-power radio transmitter by 2,367 times.

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    equally 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).

[^4]: 47 C.F.R. § 1.80(b)(4).

[^5]: 47 U.S.C. § 503(b)(2)(D).

[^6]: 47 U.S.C. § 503(b).

[^7]: 47 C.F.R. §§ 0.111, 0.311, 1.80.

[^8]: *See* 47 C.F.R. § 1.1914.