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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-09-HU-0031
Radhames Severino ) NAL/Acct. No: 200932540002
Houston, Texas ) FRN: 0018771907
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 26, 2009
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Radhames Severino, apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on the frequency 101.5 MHz
in Houston, Texas. We conclude, pursuant to Section 503(b) of the
Communications Act of 1934, as amended ("Act"), that Mr. Severino is
apparently liable for a forfeiture in the amount of ten thousand
dollars ($10,000).
II. BACKGROUND
2. On October 23 and 25, 2006, in response to a complaint about an
unlicensed radio station in the Houston area, an agent from the
Commission's Houston Office of the Enforcement Bureau ("Houston
Office"), using radio direction-finding methods, determined that the
source of a signal on 101.5 MHz was an antenna on the roof of a
building at 9801 Bissonnet Street, Houston, Texas. The agent took
field strength measurements of the signals on both days and determined
the signals being broadcast exceeded the limits for operation under
Part 15 of the Commission's Rules ("Rules") and therefore required a
license. A search of the Commission databases found no evidence of a
Commission authorization for this operation on 101.5 MHz in Houston,
Texas. On October 31, 2006, an agent from the Houston Office inspected
the radio station located in suites K-M of the building, which was
labeled as the home of the Iglesia Misionera Evangelistica Elohim
church. The agent determined that Mr. Severino leased these suites,
was responsible for the station, and was the pastor for the church.
3. On November 7, 2006, the Houston Office sent, via regular and
certified mail, a formal Notice of Unlicensed Operation ("NOUO") to
Mr. Severino at his residence. The NOUO warned Mr. Severino that
operation of the unlicensed radio station on 101.5 MHz violated
Section 301 of the Act, outlined the potential penalties for such a
violation, and directed him to cease all unlicensed operations
immediately.
4. On January 30, March 12, and October 15, 2008, agents from the Houston
Office, using radio direction-finding methods, determined that the
source of signals on 101.5 MHz was once again the antenna on the roof
of 9801 Bissonnet Street, Houston, Texas. The agents took field
strength measurements of the signals and determined the signals being
broadcast exceeded the limits for operation under Part 15 of the
Rules, and therefore required a license. A search of the Commission
databases found no evidence of a Commission authorization for this
operation on 101.5 MHz in Houston, Texas.
5. On April 15, 2009, an agent from the Houston Office, using radio
direction-finding methods, determined that the source of signals on
101.5 MHz was an antenna on the roof of 9801 Bissonnet Street,
Houston, Texas. The agent took field strength measurements and
determined the signals being broadcast exceeded the limits for
operation under Part 15 of the Rules, and therefore required a
license. A search of the Commission databases found no evidence of a
Commission authorization for this operation on 101.5 MHz in Houston,
Texas. On April 21, 2009, the agent confirmed that Mr. Severino was
still leasing suites K-M of the building for his church.
III. DISCUSSION
6. 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. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly.4 The term "repeated" means the commission or omission of
such act more than once or for more than one day.5
7. 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.
Section 3(33) of the Act defines "communications by radio" as "the
transmission by radio of writing, signs, signals, pictures, and sounds
of all kinds, including all instrumentalities, facilities, apparatus,
and services (among other things the receipt, forwarding, and delivery
of communications) incidental to such transmission."6 On November 7,
2006, Mr. Severino received a NOUO warning him that operation of a
radio transmitter on 101.5 MHz without a license violated the Act and
the Rules. On October 15, 2008, and April 15, 2009, agents determined
that an unlicensed radio station operated on 101.5 MHz from 9801
Bissonnet Street in Houston, Texas. The unlicensed radio station is
located in the Iglesia Misionera Evangelistica Elohim church in suites
K-M of 9801 Bissonnet Street. Mr. Severino has been the tenant for
these suites since 2006 and is the pastor of the church. Mr. Severino
broadcasts church-related religious programming on 101.5 MHz, and is
the operator of this unlicensed station. On October 15, 2008 and April
15, 2009, Mr. Severino, as the tenant for suites K-M of 9801 Bissonnet
Street and the pastor for the church, was responsible for actions
taking place within his control. The Enforcement Bureau has previously
held that liability for unlicensed operation may be assigned to an
individual who provides services and facilities incidental to the
transmission of communications by radio.7 We therefore find that, Mr.
Severino is also responsible for the unlicensed station operation on
101.5 MHz at 9801 Bissonnet Street in Houston, Texas, because he
provided the facilities used in the operation of the station. Based on
the evidence before us, we find that Mr. Severino apparently willfully
and repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license on 101.5 MHz on October 15,
2008 and April 15, 2009.
8. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
base forfeiture amount for operation without an instrument of
authorization is $10,000.8 In assessing the monetary forfeiture
amount, we must also take into account the statutory factors set forth
in the violations, and with respect to the violator, the degree of
culpability, and history of prior offenses, ability to pay, and other
such matters as justice may require.9 Applying the Forfeiture Policy
Statement, Section 1.80, and the statutory factors to the instant
case, we conclude that Mr. Severino is apparently liable for a $10,000
forfeiture.
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, 0.311,
0.314 and 1.80 of the Commission's Rules, Radhames Severino 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.10
10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
Commission's Rules within thirty days of the release date of this
Notice of Apparent Liability for Forfeiture, Radhames Severino 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,
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 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. If payment is made, Mr. Severino should
send electronic notification on the date said payment is made to
SCR-Response@fcc.gov.
12. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Houston Office,
9597 Jones Road, #362, Houston, TX 77065 and must include the
NAL/Acct. No. referenced in the caption.
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 Certified Mail, Return Receipt
Requested, and regular mail, to Radhames Severino at his address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Lee R. Browning
Resident Agent
Houston Office
South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
47 U.S.C. S: 503(b).
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 mV/m at three meters. 47 C.F.R. S:
15.239. On October 23 and 25, 2006, the measurements indicated that the
signals were 4,816 and 11,602 times greater, respectively, than the
maximum permissible level for a non-licensed Part 15 transmitter.
The webpage for the church lists its address as 9801k/m bissonnet,
Houston, Texas. See www.mmmhouston.com.
The Houston Office received a signed return receipt from Mr. Severino for
the NOUO.
On January 30, March 12, and October 15, 2008, the measurements indicated
that the signals were 8,819, 6,503, and 12,138 times greater,
respectively, than the maximum permissible level for a non-licensed Part
15 transmitter.
On April 15, 2009, the measurements indicated that the signals were 11,443
times greater than the maximum permissible level for a non-licensed Part
15 transmitter.
4 Section 312(f)(1) of the Act, 47 U.S.C. S: 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).
5 Section 312(f)(2) of the Act, 47 U.S.C. S: 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."
6 47 U.S.C. S: 153(33).
7 See Joni K. Craig, Forfeiture Order, 21 FCC Rcd 10793 (EB 2006).
8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
S:1.80.
9 47 U.S.C. S: 503(b)(2)(E).
10 47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
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Federal Communications Commission
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Federal Communications Commission