Skip Navigation

Federal Communications Commission

English Display Options

Commission Document

Fabrice Polynice

Download Options

Released: December 5, 2012

Federal Communications Commission

DA 12-1952

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Fabrice Polynice
)
File No.: EB-FIELDSCR-12-00004798
)
NAL/Acct. No.: 201332600001
North Miami, Florida
)
FRN: 0022240279
)
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: December 5, 2012
Released: December 5, 2012
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:

I.

INTRODUCTION

1.
In this Notice of Apparent Liability for Forfeiture (NAL), we find that Fabrice Polynice
apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended
(Act),1 by operating unlicensed radio transmitters on the frequency 90.1 MHz in North Miami, Florida. We
conclude that Mr. Polynice is apparently liable for a forfeiture in the amount of twenty five thousand dollars
($25,000).

II.

BACKGROUND

2.
While conducting routine monitoring of the airwaves, agents from the Enforcement
Bureau’s Miami Office (Miami Office) determined that an unlicensed radio station was operating on the
frequency 90.1 MHz from multiple locations, presumably to evade detection. On six different days
during March to July 2012, agents from the Miami Office used direction-finding techniques to locate the
source of radio frequency transmissions on the frequency 90.1 MHz and traced it to three separate locations
in North Miami.2 The agents made signal strength measurements at each of the three locations, and
determined that the signals on 90.1 MHz exceeded the limits for operation under Part 15 of the
Commission’s rules (Rules),3 and therefore required a license. The Commission’s records showed that no


1 47 C.F.R. § 301
2 The three locations, the specific dates that the unlicensed radio stations were being investigated, and the resulting
actions were as follows—
Location “A” on NE 131st Street, North Miami: March 14, 2012 (signal strength measurements taken);
May 9, 2012; June 13, 2012; July 3, 2012 (signal strength measurements taken); and July 5, 2012 (agents
observed the transmitting equipment during an inspection, but the station was not on the air; transmitting
equipment seized by federal marshals);
Location “B” on NW 2nd Avenue, North Miami: May 9, 2012 (signal strength measurements taken); and
July 12, 2012 (signal strength measurements taken);
Location “C” on NE 136th Street, North Miami: July 5, 2012 (signal strength measurements taken); and
July 9, 2012 (agents observed the transmitting equipment during the inspection, but the station was not on
the air).
3 Part 15 of the Rules sets out the conditions and technical requirements under which certain radio transmission
devices may be used without a license. In relevant part, Section 15.239 of the Rules provides that non-licensed
(continued....)

Federal Communications Commission

DA 12-1952

authorization was issued to Mr. Polynice or to anyone else for operation of an FM broadcast station at or
near any of the three locations. The unlicensed station continued to operate at one of the locations even after
federal marshals seized the radio transmitting equipment located at another location.4
3.
The agents from the Miami Office knew the three locations were broadcasting the same
station because they heard common elements at all three locations. The agents heard the station identify or
refer to itself as “Touche Douce” at the first two locations. The agents heard a disc jockey (DJ) identify
himself live on the air as DJ “Paz” and announce Mr. Polynice’s phone number of record5 as the station’s
phone number at the first location. The agents again heard the station announce Mr. Polynice’s phone
number on the air and an upcoming event featuring DJ “Paz” from the third location. The agents also
observed, in two of the station locations, computers with open audio playlists called “radiotouchedouce,” as
well as media documents and folders reflecting the name “Paz.”6
4.
The agents determined that Mr. Polynice is DJ “Paz.” The agents found information on the
Internet identifying Mr. Polynice as DJ “Paz” and connecting him to “Touche Douce.” Florida Department
of State Division of Corporations records also list Mr. Polynice as the registered agent for a business called
“Touche Douce Ent Inc.”7 Webpages for Radio Touche Douce clearly state that the station operates on
90.1 MHz from Mr. Polynice’s address of record and list Mr. Polynice’s phone number of record.8 Mr.
Polynice’s photograph is also posted on several webpages with captions identifying him as DJ “Paz.”9
Finally, the agents confirmed that Mr. Polynice has a history of operating unlicensed radio stations in the


(...continued from previous page)
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.
4 See United States v. Any and All Radio Station Equip., No. 12-22249 (S.D. Fla. July 10, 2012) (executed warrant).
See also 47 U.S.C. § 510.
5 See Lexis Nexis Investigative Portal Homepage, http://www.lexisnexis.com/government/solutions/investigative/,
Person Report (last visited Oct. 12, 2012).
6 The agents inspected two of the station locations when Mr. Polynice was not present. One inspection was
conducted following seizure of the transmitting equipment by federal marshals. The other was conducted with the
residents of the property, and they were issued an on-scene Notice of Unlicensed Operation. See Jonacin Jules and
Fifie Chandler, Notice of Unlicensed Operation (July 9, 2012) (on file in EB-FIELDSCR-12-00004798) (warning
that operation of an unlicensed radio station violates Section 301 of the Act and could subject the violators to
monetary forfeitures, seizure of equipment, and possible arrest).
7 Florida Department of State Division of Corporations Homepage, http://www.sunbiz.org/ (last visited Oct. 12,
2012).
8 See, e.g., Facebook page at www.facebook.com/RadioToucheDouce (last visited Oct. 12, 2012) (“Touche Douce
does it all. Our radio station and wireless store is located at [address redacted], Miami, FL 33161 . . . Make sure
listen to the radio show on 90.1 . . . DJ Paz Official Birthday Bash . . . [phone number redacted].”); Myspace page at
www.myspace.com/radiotouchedouce (last visited Oct. 12, 2012) (“Touche Douce 90.1 FM . . . For more
information call [phone number redacted] . . . .”); Twitter page at http://twitter.com/#!/touchedouce/ (last visited
Oct. 12, 2012) (“tweet” from “touchedouce” states “Dj Paz live on Toucedouce 901fm”). See also Lexis Nexis
Investigative Portal Homepage, http://www.lexisnexis.com/government/solutions/investigative/, Person Report (last
visited Oct. 12, 2012).
9 See, e.g., Facebook page at www.facebook.com/paz.touchedouce (last visited Oct. 12, 2012) (showing a
photograph of Mr. Polynice with caption “Worked at radio touchedouce”); Myspace page at
www.myspace.com/radiotouchedouce/photos (last visited Oct. 12, 2012) (numerous photographs of Mr. Polynice
identified as DJ “Paz”); Belfim website (Haiti Internet Movie Database) at http://www.belfim.com/moun.php/1659
(last visited Oct. 12, 2012) (photograph of Mr. Polynice by “Hi, my name is Fabrice Polynice . . . Fabrice Polynice,
Haitian DJ turned actor, is better known as Paz, the host of Radio Touchem Douce in Miami, Florida”).
2

Federal Communications Commission

DA 12-1952

State of Florida. In 2006, Mr. Polynice was convicted and sentenced to one year of community
supervision by the State of Florida for violating a state statute that prohibits individuals from operating an
unlicensed radio station in the State.10

III.

DISCUSSION

5.
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.11 Section 312(f)(1) of the Act defines “willful” as the
“conscious and deliberate commission or omission of [any] act, irrespective of any intent to violate” the
law.12 The legislative history to Section 312(f)(1) of the Act clarifies that this definition of willful applies to
both Sections 312 and 503(b) of the Act,13 and the Commission has so interpreted the term in the Section
503(b) context.14 The Commission may also assess a forfeiture for violations that are merely repeated,
and not willful.15 The term “repeated” means the commission or omission of such act more than once or for
more than one day.16

A.

Unlicensed Broadcast Operations

6.
The evidence in this case is sufficient to establish that Mr. Polynice violated Section 301 of
the Act. 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.17 As the record shows, on six
different days during March to July 2012, agents from the Miami Office determined that an unlicensed
radio station was operating on the frequency 90.1 MHz from three different locations in North Miami,
Florida. A review of the Commission’s records revealed that no license or authorization was issued to


10 LexisNexis Investigative Portal Homepage, http://www.lexisnexis.com/government/solutions/investigative/,
Person Report (last visited May 24, 2012). On November 18, 2006, Mr. Polynice was arrested by Miami-Dade
Police for illegal radio transmission and interference (Miami-Dade Court Case Number F06038860) and sentenced
to one year community supervision (Florida Department of Corrections Case Number 0638856).
11 47 U.S.C. § 503(b).
12 47 U.S.C. § 312(f)(1).
13 H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) (“This provision [inserted in Section 312] defines the terms
‘willful’ and ‘repeated’ for purposes of section 312, and for any other relevant section of the act (e.g., Section 503)
. . . . As defined[,] . . . ‘willful’ means that the licensee knew that he was doing the act in question, regardless of
whether there was an intent to violate the law. ‘Repeated’ means more than once, or where the act is continuous, for
more than one day. Whether an act is considered to be ‘continuous’ would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in Sections 312 and 503, and are consistent with
the Commission’s application of those terms . . . .”).
14 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4388 (1991), recons. denied, 7 FCC Rcd 3454 (1992).
15 See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359,
1362, para. 10 (2001) (Callais Cablevision, Inc.) (proposing a forfeiture for, inter alia, a cable television operator’s
repeated signal leakage).
16 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.” See Callais Cablevision, Inc., 16 FCC Rcd at 1362.
17 47 U.S.C. § 301.
3

Federal Communications Commission

DA 12-1952

anyone to operate a radio station on 90.1 MHz at any of these locations. On multiple days, agents from the
Miami Office heard the station identify itself on the air as “Touche Douce” and announce Mr. Polynice’s
personal telephone number as the station’s telephone number. The agents also heard a DJ identify himself
live on the air as DJ “Paz.” In this regard, the agents found several webpages identifying Mr. Polynice as
DJ “Paz” and connecting “ToucheDouche” to his address of record and phone number.18 The totality of the
evidence convinces us that Mr. Polynice is DJ “Paz” and that it was he who operated the unlicensed station.
Because Mr. Polynice consciously operated the station and did so on more than one day, the apparent
violations of the Act were both willful and repeated. We therefore conclude, based on the evidence before
us, that Mr. Polynice apparently willfully and repeatedly violated Section 301 of the Act by operating radio
transmission equipment without the required Commission authorization.

B.

Proposed Forfeiture Amount

7.
Pursuant to the Commission’s Forfeiture Policy Statement and Section 1.80 of the Rules,
the base forfeiture amount for operation without an instrument of authorization is $10,000.19 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, any history of prior offenses, ability to pay, and other
such matters as justice may require.20 In doing so, we find that the violations here warrant a proposed
forfeiture above the base amount. The record shows that Mr. Polynice has a history of operating a radio
station without a license, which demonstrates a complete disregard for Federal and State authorities and
their laws. Despite being arrested and convicted (in 2006) for violating the State of Florida’s prohibition
against operating an unlicensed radio station within the State, Mr. Polynice continued to operate an
unlicensed radio station at three separate locations in North Miami. Indeed, Mr. Polynice continued to
operate his station from another location after his radio transmitting equipment at a previous location had
already been seized by federal marshals. Thus, there is no dispute that Mr. Polynice was aware that his
actions were illegal and that he intentionally engaged in efforts—by moving his station from one location
to another—to evade detection from Federal and State authorities. Based on the evidence before us,
including consideration of the egregiousness of the violations, the history of prior offenses, and the degree
of culpability, we find that the violations here warrant a total upward adjustment of $15,000.21 Applying the
Forfeiture Policy Statement, Section 1.80 of the Rules, and the statutory factors to the instant case, we
conclude that Mr. Polynice is apparently liable for a total forfeiture of $25,000. We further caution Mr.
Polynice that future violations may subject him to more severe enforcement action, including but not limited
to larger monetary forfeitures, criminal prosecution, and the in rem seizure of his equipment.22

IV.

ORDERING CLAUSES

8.
Accordingly,

IT IS ORDERED

that, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.204, 0.311, 0.314, and 1.80 of the Commission’s rules,


18 The record evidence also includes public websites where Mr. Polynice is seen promoting the station and identifying
himself as DJ “Paz.” See supra note 9.
19 The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the
Forfeiture Guidelines
, Report and Order, 12 FCC Rcd 17087 (1997) (Forfeiture Policy Statement), recons. denied,
15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80.
20 47 U.S.C. § 503(b)(2)(E).
21 See, e.g., Whisler Fleurinor, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 489 (Enf. Bur. 2012)
(proposing $25,000 forfeiture for repeat unlicensed operations, in violation of Section 301 of the Act, and after
issuance of forfeiture order for multiple violations of the same).
22 See 47 U.S.C. §§ 401, 501, 503, 510.
4

Federal Communications Commission

DA 12-1952

Fabrice Polynice is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in the
amount of twenty five thousand dollars ($25,000) for violations of Section 301of the Act. 23
9.

IT IS FURTHER ORDERED

that, pursuant to Section 1.80 of the Commission’s rules,
within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture,
Fabrice Polynice

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 must be made by check or similar instrument, wire transfer, or
credit card, and must include the NAL/Account number and FRN referenced above. Mr. Polynice shall
also send electronic notification on the date said payment is made to SCR-Response@fcc.gov.
Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be
submitted.24 When completing the FCC Form 159, enter the Account Number in block number 23A (call
sign/other ID) and enter the letters “FORF” in block number 24A (payment type code). Below are
additional instructions you should follow based on the form of payment you select:
·
Payment by check or money order must be made payable to the order of the Federal
Communications Commission. Such payments (along with the completed Form 159) must be
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000,
or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101.
·
Payment by wire transfer must be made to ABA Number 021030004, receiving bank
TREAS/NYC, and Account Number 27000001. To complete the wire transfer and ensure
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank at
(314) 418-4232 on the same business day the wire transfer is initiated.
·
Payment by credit card must be made by providing the required credit card information on FCC
Form 159 and signing and dating the Form 159 to authorize the credit card payment. The
completed Form 159 must then be mailed to Federal Communications Commission, P.O. Box
979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank – Government
Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
11.
Any request for full payment under an installment plan should be sent to: Chief Financial
Officer—Financial Operations, Federal Communications Commission, 445 12th Street, S.W., Room 1-
A625, Washington, D.C. 20554.25 If you have questions regarding payment procedures, please contact
the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail,
ARINQUIRIES@fcc.gov.
12.
The written statement seeking reduction or cancellation of the proposed forfeiture, if
any, must include a detailed factual statement supported by appropriate documentation and affidavits
pursuant to Sections 1.16 and 1.80(f)(3) of the Rules.26 Mail the written statement to Federal
Communications Commission, Enforcement Bureau, South Central Region, Miami Office, P.O. Box
520617, Miami, FL 33152-0617, and include the NAL/Acct. No. referenced in the caption. Mr. Polynice
also shall e-mail the written response to SCR-Response@fcc.gov.


23 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80.
24 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
25 See 47 C.F.R. § 1.1914.
26 47 C.F.R. §§ 1.16, 1.80(f)(3).
5

Federal Communications Commission

DA 12-1952

13.
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.
14.

IT IS FURTHER ORDERED

that a copy of this Notice of Apparent Liability for
Forfeiture shall be sent by both Certified Mail, Return Receipt Requested, and First Class Mail to Fabrice
Polynice at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
6

Note: We are currently transitioning our documents into web compatible formats for easier reading. We have done our best to supply this content to you in a presentable form, but there may be some formatting issues while we improve the technology. The original version of the document is available as a PDF, Word Document, or as plain text.

close
FCC

You are leaving the FCC website

You are about to leave the FCC website and visit a third-party, non-governmental website that the FCC does not maintain or control. The FCC does not endorse any product or service, and is not responsible for, nor can it guarantee the validity or timeliness of the content on the page you are about to visit. Additionally, the privacy policies of this third-party page may differ from those of the FCC.