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Romayne Davis

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Released: April 5, 2013

Federal Communications Commission

DA 13-604

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Romayne Davis
)
File No.: EB-FIELDSCR-12-00002931
)
NAL/Acct. No.: 201332600005
Oakland Park, Florida
)
FRN: 0022583249
)

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: April 5, 2013
Released: April 5, 2013
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 Romayne Davis
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 89.5 MHz in Oakland Park, Florida.
We conclude that Mr. Davis is apparently liable for a forfeiture in the amount of ten thousand dollars
($10,000).

II.

BACKGROUND

2.
In response to a complaint received on June 21, 2012, 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 89.5 MHz and, on three separate occasions (i.e., June 22, July 11,
and July 12, 2012), traced the source to an FM transmitting antenna located at a commercial property in
Oakland Park, Florida. On June 22, 2012, the agents heard the unlicensed station conducting a live
broadcast, during which the disc jockey (DJ) identified the station alternately as “Joker Boy E-N-T” and
“Jungle Boy E-N-T,” and announced the station’s phone number. On July 11, 2012, the agents took signal
strength measurements of the station’s signal and determined that the signals on 89.5 MHz exceeded the
limits for operation under Part 15 of the Commission’s rules (Rules),2 and therefore required a license. The
agents checked the Commission’s records and confirmed that, in fact, no authorization was issued to Mr.
Davis or to anyone else for operation of an FM broadcast station at or near the Oakland Park commercial
property. On July 12, 2012, the agents inspected the unlicensed radio station and found an FM transmitter
connected to the externally mounted antenna via coaxial cable, which confirmed the ability of the station to
broadcast.
3.
As part of the investigation, agents from the Miami Office also obtained a copy of the lease
agreement for the Oakland Park commercial property housing the unlicensed radio station. The lease
agreement was signed by a “Rome Davis,” but it appears that “Rome” is just a short name or alternate first


1 47 C.F.R. § 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.

Federal Communications Commission

DA 13-604

name used by Romayne Davis. Indeed, various information confirm that Rome Davis and Romayne Davis
are one and the same individual—e.g., the birth date listed on the lease agreement for Rome Davis matches
the birth date for Romayne Davis in official public records; 3 and photographs of Rome Davis and Romayne
Davis posted on an internet site show the same man.4 The agents also found that the lease agreement
contained information connecting Mr. Davis to the station. In this respect, Mr. Davis listed his e-mail
address on the agreement as “jokerboyentertainment@[redacted],” which is the same name that the agents
heard during the station’s broadcast on June 22,2012. In addition, the agents found several webpages
connecting Mr. Davis directly to “Jungle Boy ENT,” “Joker Boy ENT,” 89.5 MHz, and the telephone
number that was broadcast on June 22, 2012.5 Finally, the Florida Department of State’s Division of
Corporations has public records that list Mr. Davis as the registered agent and managing member for a
business called “Joker Boy Entertainment, LLC.”6

III.

DISCUSSION

4.
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.7 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.8
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,9 and the Commission has so interpreted the term in the Section 503(b)


3 See Lexis Nexis Enforcement Solutions database. The agents also confirmed that a “Rome Davis” is not listed in
any official records.
4 See Facebook pages at www.facebook.com/JUNGLE.BOY.ENTERTAINMENT#!/JUNGLE.BOY.ENTER-
TAINMENT/photos (last visited March 26, 2013) and www.facebook.com/rome.davis.5/photos (last visited March
26, 2013).
5 “Romayne Davis” is listed as the “CEO & President” of “Jungle Boy ENT.,” and the following information is
listed in the description of “Jungle Boy ENT.”: “Joker Boy ENT We are an all around Promotion company from
clubs to concerts skys the limit.” Facebook page at www.facebook.com/JUNGLE.BOY.ENTERTAINMENT (last
visited June 26, 2012). Furthermore, a Facebook page for “Rome Davis” states that Mr. Davis works at Joker Boy
Entertainment and contains photographs of Mr. Davis with captions reading “89.5 Joker Boy ENT” and “89.5 FM
The Newest Radio Station [Phone Number Redacted].” Facebook page at www.facebook.com/rome.davis.5?fref=ts
(last visited Oct. 25, 2012). There are also independent websites that connect Mr. Davis to the station. For example,
a “Noozly.com” webpage (http://noozly.com/topic/sheem/100000992478149_396613320381747/ (last visited Nov.
14, 2012)) states:
. . . ANY LOCAL ARTIST, CLUB, PROMOTER'S, LOCAL BUSINESS OWNERS LOOKING
FOR ADVERTISEMENT ON THE RADIO LIVE ON AIR (89.5) INBOX ME OR GIVE ME A
CALL AT [Phone Number Redacted] . . . ADD THE OFFICIAL JOKER BOY ENT PAGE J.B.E
AND JOIN OUR GROUP Joker Boy Ent 89.5 FM EVERY DAY ALL DAY –Romayne Davis.
We note that the redacted phone number matched the phone number that the station announced over the air on June
22, 2012.
6 Florida Department of State, Division of Corporations Homepage, www.sunbiz.org (last visited June 21, 2012).
7 47 U.S.C. § 503(b).
8 47 U.S.C. § 312(f)(1).
9 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
(continued....)
2

Federal Communications Commission

DA 13-604

context.10 The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful.11 The term “repeated” means the commission or omission of such act more than once or for more
than one day.12

A.

Unlicensed Broadcast Operations

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.13 For the purposes of
Section 301, the word “operate” has been interpreted to mean both the technical operation of the station,
as well as “the general conduct or management of a station as a whole, as distinct from the specific
technical work involved in the actual transmission of signals.”14 In other words, the use of the word
“operate” in Section 301 captures not just the “actual, mechanical manipulation of radio apparatus,”15 but
also operation of a radio station generally.16 To determine whether an individual is involved in the
general conduct or management of the station, we can consider whether such individual exercises control
over the station, which the Commission has defined to include “. . . any means of actual working control
over the operation of the [station] in whatever manner exercised.”17
6.
We find that the record evidence in this case is sufficient to establish that Mr. Davis
violated Section 301 of the Act. As the record shows, agents from the Miami Office determined that, on
June 22, July 11, and July 12, 2012, an unlicensed radio station was operating on the frequency 89.5 MHz
from a commercial property in Oakland Park, Florida, leased to Mr. Davis. On June 22, 2012, the agents
heard the station engage in a live broadcast. A review of the Commission’s records revealed that no license
or authorization was issued to Mr. Davis or to anyone else to operate a radio station on 89.5 MHz at this
location, and we believe that it was Mr. Davis who was operating the station.


(...continued from previous page)
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 . . . .”).
10 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).
11 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).
12 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.
13 47 U.S.C. § 301.
14 See Campbell v. United States, 167 F.2d 451, 453 (5th Cir. 1948) (comparing the use of the words “operate” and
“operation” in Sections 301, 307, and 318 of the Act, and concluding that the word “operate” as used in Section 301
of the Act means both the technical operation of the station as well as the general conduct or management of the
station).
15 Id.
16 Id. See also 47 U.S.C § 307(c)(1).
17 See Revision of Rules and Policies for the Direct Broadcast Satellite Service, 11 FCC Rcd 9712, 9747 (1995),
recons. denied, DIRECTV, Inc. v. FCC, 110 F.3d 816 (D.C. Cir. 1997).
3

Federal Communications Commission

DA 13-604

7.
As explained above with respect to Section 301, even if Mr. Davis was not physically
operating the station, Mr. Davis still can be said to have “operated” the unlicensed radio on 89.5 MHz based
on evidence showing that Mr. Davis exercised control over the station and its operations. In this respect,
agents from the Miami Office confirmed that the commercial property housing the unlicensed station was
leased by Mr. Davis, and the space appeared to be used primarily for the purposes of operating the
unlicensed station.18 In addition, there is record evidence directly linking Mr. Davis to the station and its
operations. On June 22, 2012, the agents heard the station identify itself on the air as “Joker Boy E-N-T”
and announce the radio station telephone number on the air. This information is consistent with state
corporation records showing that Mr. Davis registered a company called Joker Boy Entertainment, LLC, the
same entity promoted in the broadcast. Agents also found information on several of Mr. Davis’s webpages
which connect him to the station on 89.5 MHz, “Joker Boy E-N-T”, and the telephone number broadcast on
the air. Moreover, the online postings that Mr. Davis created on his Facebook pages about the station and
his company, Joker Boy Entertainment, LLC, suggest that Mr. Davis was using the unlicensed station, in
large part, to generate advertising revenue and to promote the businesses he ran as CEO & President of
Jungle Boy Entertainment.19 The foregoing facts support our finding herein that Mr. Davis consciously
operated and/or otherwise was involved in the general conduct or management of the unlicensed radio
station and did so on more than one day. We therefore conclude, based on the evidence before us, that Mr.
Davis apparently willfully and repeatedly violated Section 301 of the Act by operating radio transmission
equipment without the required Commission authorization.

B.

Proposed Forfeiture

8.
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 $10,000.20 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.21 Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
and the statutory factors to the instant case, we conclude that Mr. Davis is apparently liable for a forfeiture
in the amount of $10,000.

IV.

ORDERING CLAUSES

9.
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,
Romayne Davis is hereby

NOTIFIED

of this

APPARENT LIABILITY FOR A FORFEITURE

in the
amount of ten thousand dollars ($10,000) for violations of Section 301of the Act. 22
10.

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,


18 If Mr. Davis were to insist that other individuals were involved in operating the station, Mr. Davis nevertheless
was instrumental in providing the ability of the unlicensed station to operate.
19 See supra note 5.
20 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.
21 47 U.S.C. § 503(b)(2)(E).
22 47 U.S.C. §§ 301, 503(b); 47 C.F.R. §§ 0.111, 0.204, 0.311, 0.314, 1.80.
4

Federal Communications Commission

DA 13-604

Romayne Davis

SHALL PAY

the full amount of the proposed forfeiture or

SHALL FILE

a written
statement seeking reduction or cancellation of the proposed forfeiture.
11.
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. Romayne Davis
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.23 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.
12.
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. 20554.24 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.
13.
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.25 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. Romayne
Davis also shall e-mail the written response to SCR-Response@fcc.gov.
14.
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.


23 An FCC Form 159 and detailed instructions for completing the form may be obtained at
http://www.fcc.gov/Forms/Form159/159.pdf.
24 See 47 C.F.R. § 1.1914.
25 47 C.F.R. §§ 1.16, 1.80(f)(3).
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Federal Communications Commission

DA 13-604

Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial
documentation submitted.
15.

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 Romayne
Davis at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
6

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