Federal Communications Commission DA 08-792
 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
Roubens Maignan
Port St. Lucie, Florida 
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File Number: EB-06-TP-336
NAL/Acct. No. 200832700007
FRN:  0017228925
FORFEITURE ORDER
Adopted:  April 2, 2008 Released:  April 4, 2008
By the Regional Director, South Central Region, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in the amount of one 
thousand five hundred dollars ($1,500) to Roubens Maignan for willful and repeated violation of Section 
301 of the Communications Act of 1934, as amended (Act).1 The noted violations involve Mr. 
Maignans operation of an unlicensed radio transmitter.  
II.  BACKGROUND
2. In response to a complaint of unauthorized broadcast station in the Port St. Lucie, Florida 
area, on January 22 and 24, 2007, agents from the Commissions Tampa Office of the Enforcement 
Bureau (Tampa Office) monitored broadcast transmissions on 106.1 MHz in Port St. Lucie, Florida. 
The agents, using direction finding techniques, located the transmissions to an antenna mounted on a 
house in Port St. Lucie, Florida.  A search of the St. Lucie County Property Appraiser records confirmed 
that the property is owned by Mr. Maignan.  The agents took field strength measurements and determined 
that the signals being broadcast exceeded the limits for operation under Part 15 of the Commissions Rules 
(Rules) and therefore required a license.2 A search of the Commissions databases revealed no
authorization for a broadcast station on that frequency at that address.
3. On January 24, 2007, after determining that transmissions were emanating from Mr. 
Maignans house, agents from the Tampa Office, in a joint investigation with the Port St. Lucie Police 
Department, and accompanied by Mr. Maignan, inspected the premises.  The agents observed a coaxial 
cable from the antenna enter a room located in the northeast side of his house through the attic.  The 
coaxial cable was connected to station transmitter equipment.  On January 24, 2007, Mr. Maignan 
admitted to an Officer of the Port St. Lucie Police Department and to the agents from the Tampa Office 
that he personally purchased and set up the radio station equipment without obtaining a license from the 
Commission.
  
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 ?V/m at three meters. 47 C.F.R.  15.239.  On January 22 
and 24, 2007, the measurements indicated that the signals were 3,657 and 4,771 times greater, respectively, than the 
maximum permissible level for a non-licensed Part 15 transmitter.  
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4. On January 9, 2008, the Tampa Office issued a Notice of Apparent Liability for 
Forfeiture to Mr. Maignan in the amount of ten thousand dollars ($10,000), for the apparent willful and 
repeated violation of Section 301 of the Act.3 Mr. Maignan submitted a response to the NAL requesting a 
reduction or cancellation of the proposed forfeiture.
III. DISCUSSION
5. The proposed forfeiture amounts in this case was assessed in accordance with Section 
503(b) of the Communications Act of 1934, as amended (Act),4 Section 1.80 of the Rules,5 and The 
Commissions Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) (Forfeiture 
Policy Statement).  In examining Mr. Maignans 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.6
6. Section 301 of the Act requires 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.  In particular, Section 301 states that [n]o person shall use 
or operate any apparatus for the transmission of energy or communications or signals by radio (a) from 
one place in any State, Territory, or possession of the United States or in the District of Columbia to 
another place in the same State, Territory, possession, or District; . . . except under and in accordance with 
this chapter and with a license in that behalf granted under the provisions of this chapter.7 Agents from 
the Tampa Office determined that, on January 22 and 24, 2007, an unlicensed radio station operated on 
106.1 MHz from Mr. Maignans residence in Port St. Lucie, Florida.  Mr. Maignan admitted that he 
purchased and set up the radio station equipment without a license from the Commission.  Based on the 
evidence before us, we find Mr. Maignan willfully8 and repeatedly9 violated Section 301 of the Act by 
operating radio transmission apparatus without a license.
 
7. Mr. Maignans response to the NAL does not dispute the violation, but he asserts he did not 
know that his actions violated the rules or the Act.  Although he may have been unaware that his actions 
were illegal, for a violation to be willful, the violator need not intend to violate the rules and need only 
consciously and deliberately perform actions that violate the rules.10 Mr. Maignan admits that he 
  
3 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200832700007 (Enf. Bur., Tampa Office, January 9, 
2008) (NAL).
4 47 U.S.C.  503(b).
5 47 C.F.R.  1.80.
6 47 U.S.C.  503(b)(2)(E).
7 47 U.S.C.  301.
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 See supra note 8.
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consciously operated his radio transmitter on more than one day.  Thus, we find no grounds to cancel the 
forfeiture.
8. Finally, Mr. Maignan states that payment of the forfeiture would pose an undue financial 
hardship to his family.  The Commission has determined that, in general, an entity's gross revenues are 
the best indicator of its ability to pay a forfeiture.11 After examining the financial documentation 
submitted by Mr. Maignan, we agree and reduce the forfeiture to $1,500 based on his demonstrated 
inability to pay.  
9. We have examined Mr. Maignans response to the NAL pursuant to the statutory factors 
above, and in conjunction with the Forfeiture Policy Statement.  As a result of our review, we conclude 
that a reduction of the proposed forfeiture to $1,500 is warranted, based on demonstrated inability to pay.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Communications 
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commissions Rules, Roubens 
Maignan IS LIABLE FOR A MONETARY FORFEITURE in the amount of one thousand five 
hundred dollars ($1,500) for violation of Section 301 of the Act.12
11. 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. 
12. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class and 
Certified Mail Return Receipt Requested to Roubens Maignan at his address of record.  
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
Enforcement Bureau
  
11 See PJB Communications of Virginia, Inc., 7 FCC Rcd 2088, 2089 (1992) (forfeiture not deemed excessive where 
it represented approximately 2.02 percent of the violators gross revenues); Local Long Distance, Inc., 16 FCC Rcd 
24385 (2000) (forfeiture not deemed excessive where it represented approximately 7.9 percent of the violators 
gross revenues); Hoosier Broadcasting Corporation, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive 
where it represented approximately 7.6 percent of the violators gross revenues).
12 47 U.S.C.  301, 503(b); 47 C.F.R.  0.111, 0.311, 1.80(f)(4).