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Mercius Dorvilus

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Released: January 31, 2012

Federal Communications Commission

DA 12-107

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Mercius Dorvilus
)
File No.: EB-11-MA-0046
)
NAL/Acct. No.: 201232600005
Pompano Beach, Florida
)
FRN: 0021453774

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: January 31, 2012
Released: January 31, 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 Mercius Dorvilus
apparently willfully and repeatedly violated Section 301 of the Communications Act of 1934, as amended
(Act),1 by operating an unlicensed radio transmitter on the frequency 92.7 MHz in Pompano Beach, Florida.
We conclude that Mr. Dorvilus is apparently liable for a forfeiture in the amount of ten thousand dollars
($10,000).

II.

BACKGROUND

2.
On May 12 and June 15, 2011, in response to a complaint, agents from the Enforcement
Bureau’s Miami Office (Miami Office) used direction-finding techniques to locate the source of radio
frequency transmissions on the frequency 92.7 MHz to a residence in Pompano Beach, Florida. On May 12,
2011, the agents determined that the signals being broadcast exceeded the limits for operation under Part 15
of the Commission’s rules (Rules), and therefore required a license.2
3.
During the June 15, 2011, investigation, agents from the Miami Office inspected the radio
station, which was located in a locked room in the Pompano Beach residence. On June 17, 2011, a
Detective with the Broward County Sheriff’s Office interviewed Mr. Dorvilus regarding the unlicensed
radio station. During the interview, Mr. Dorvilus stated that he purchased and installed all of the radio
station equipment and was responsible for operating and transmitting on 92.7 MHz from the rented room.3
According to Florida Department of State Division of Corporations records, Mr. Dorvilus is doing business
as “Radio VisionFM 927, Inc.”4 Mr. Dorvilus also registered the domain name, www.visionfm.org.


1 47 U.S.C. § 301.
2 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
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.
3 Investigative Action Report, Case PB11-06-02308, Broward County Sheriff’s Office.
4 Florida Department of State, Division of Corporations webpage, www.sunbiz.org (last visited June 16, 2011).

Federal Communications Commission

DA 12-107

III.

DISCUSSION

4.
Section 503(b) of the Act5 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. 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.6
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,7 and the Commission has so interpreted the term in the Section 503(b)
context.8 The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful.9 The term “repeated” means the commission or omission of such act more than once or for more
than one day.10
5.
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.11 Based on the record
evidence in this case, we find that Mr. Dorvilus apparently willfully and repeatedly violated Section 301 of
the Act, by operating an unlicensed radio transmitter on the frequency 92.7 MHz in Pompano Beach,
Florida. On May 12 and June 15, 2011, agents from the Miami Office determined that an unlicensed radio
station on the frequency 92.7 MHz operated from a locked room in a residence in Pompano Beach. A
review of the Commission’s records revealed that no license or authorization was issued to anyone to
operate a radio station on 92.7 MHz at this location, and Mr. Dorvilus admitted to a law enforcement officer
that he owned, installed, and operated the radio station located at the residence in Pompano Beach.
Furthermore, the Miami Office confirmed that Mr. Dorvilus registered the domain name for
www.visionfm.org, and is doing business as “Radio VisionFM 927, Inc.” Because Mr. Dorvilus operated
this station consciously on more than one day, we find that the apparent violations were not only willful, but
also repeated.
6.
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 $10,000.12 In assessing


5 47 U.S.C. § 503(b).
6 47 U.S.C. § 312(f)(1).
7 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 . . . .”).
8 See, e.g., Application for Review of Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4388 (1991) (Southern California Broadcasting Co.).
9 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).
10 Southern California Broadcasting Co., 6 FCC Rcd at 4388, para. 5; Callais Cablevision, Inc., 16 FCC Rcd at
1362, para. 9.
11 47 U.S.C. § 301.
12 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.
2

Federal Communications Commission

DA 12-107

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.13 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that Mr. Dorvilus is apparently liable for a
forfeiture of $10,000.

IV.

ORDERING CLAUSES

7.
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,
Mercius Dorvilus 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
8.

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,
Mercius Dorvilus

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written
statement seeking reduction or cancellation of the proposed forfeiture.
9.
Payment of the forfeiture must be made by credit card, check, or similar instrument,
payable to the order of the Federal Communications Commission. The payment must include the
Account number and FRN 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 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. 20554.15 If you have questions regarding payment procedures, please contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If
payment is made, Mercius Dorvilus will send electronic notification on the date said payment is made to
SCR-Response@fcc.gov.
10.
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.16 Mail the written statement to Federal Communications
Commission, Enforcement Bureau, South Central Region, Miami Office, P.O. Box 520617, Miami, Florida
33152, and include the NAL/Acct. number referenced in the caption. In addition, Mercius Dorvilus, shall
email the written response to SCR-Response@fcc.gov.
11.
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.


13 47 U.S.C. § 503(b)(2)(E).
14 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80.
15 See 47 C.F.R. § 1.1914.
16 47 C.F.R. §§ 1.16, 1.80(f)(3).
3

Federal Communications Commission

DA 12-107

Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial
documentation submitted.
12.

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 regular mail to Mercius
Dorvilus at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Stephanie Dabkowski
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
4

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