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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of File No: EB-10-MA-0170
)
Mikhail Rhodd NAL/Acct. No: 201132600004
)
Lauderdale Lakes, Florida FRN: 0020835724
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: May 4, 2011 Released: May 5, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture, we find that
Mikhail Rhodd ("Mr. Rhodd"), 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
89.5 MHz from his residence in Lauderdale Lakes, Florida. We conclude
that Mr. Rhodd is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
II. BACKGROUND
2. On August 31, 2010, and again on October 6, 2010, agents from the
Enforcement Bureau's Miami Office ("Miami Office"), in response to a
complaint, used direction-finding techniques to locate the source of
radio frequency transmissions on the frequency 89.5 MHz to Mr. Rhodd's
residence in Lauderdale Lakes, Florida. The agents determined that the
signals exceeded the limits for operation under Part 15 of the
Commission's rules ("Rules), and therefore required a license. A
review of Commission records showed no authorization issued to Mr.
Rhodd for any operation of an FM broadcast station at or near this
address. While monitoring the station on October 6, 2010, agents from
the Miami Office heard a voice broadcast on the frequency 89.5 MHz who
identified the station as "89.5 FM Stuntastic Radio." "Blakk Babi" is
listed as one of 11 "members" on a website for 89.5 FM Stuntastic
Radio. Mr. Rhodd identified himself as "Mikhail (Blakk Babi) Rhodd" on
his personal webpage.
3. On October 7, 2010, the Broward County Sheriff's Office ("BSO")
executed a search warrant at the same residence, while Mr. Rhodd was
present. BSO officers interviewed Mr. Rhodd regarding the unlicensed
radio station and provided the Miami Office with a report of the
interview. During the interview, Mr. Rhodd admitted that the residence
belonged to his mother and that he resided there. He also explained
that he arranged for the unlicensed radio station to be set up and to
transmit from his mother's residence. Finally, he admitted that the
station had been in operation for at least one month, and that he
operated the station on at least two occasions.
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. The term "willful" as used in section 503(b) of the Act has
been interpreted to mean simply that the acts or omissions are
committed knowingly. The term "repeated" means the commission or
omission of such act more than once or for more than one day.
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. On
August 31 and again on October 6, 2010, Mr. Rhodd operated an
unlicensed radio station on the frequency 89.5 MHz from his residence
in Lauderdale Lakes, Florida. A review of the Commission's records
revealed that Mr. Rhodd did not have a license to operate a radio
station. Because Mr. Rhodd consciously operated the radio station, we
find the apparent violation was willful. Because the operation
occurred on more than one day, we find the apparent violation was
repeated. Based on the evidence before us, we find that on August 31
and on October 6, 2010, Mr. Rhodd apparently willfully and repeatedly
violated section 301 of the Act by operating radio transmission
equipment without the required Commission authorization.
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. 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. Applying the Forfeiture Policy Statement, section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that Mr. Rhodd is apparently liable for a forfeiture in the amount 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 Rules, Mikhail Rhodd is hereby NOTIFIED
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
thousand dollars ($10,000) for violation of section 301 of the Act.
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Rules,
within thirty days of the release date of this Notice of Apparent
Liability for Forfeiture, Mikhail Rhodd 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. For questions about payment, contact the
Financial Operations Group Help Desk at 1-877-480-3201 or Email:
ARINQUIRIES@fcc.gov. Also, Mr. Rhodd shall send an email notification
to SCR-Response@fcc.gov on the date said payment is made.
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 1.80(f)(3) and 1.16 of the Rules. The written statement, if
any, must be mailed to Federal Communications Commission, Enforcement
Bureau, South Central Region, Miami Office, PO Box 520617, Miami, FL
33152,and must include the NAL/Acct. No. referenced in the caption.
The written statement shall also be emailed 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. 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 Mikhail Rhodd at his address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
47 U.S.C. S: 301.
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 mV/m at three
meters. 47 C.F.R. S: 15.239.
On November 1, 2010, Blakk Babi was listed as a member on the Facebook
page for 89.5 FM Stuntastic Radio.
www.facebook.com/pages/895-STUNTASTIC-RADIO/119200181427541. Although
"member" was not defined, membership appears to involve DJing for the
station, as three of the members had DeeJay, DJ or Joc in their names.
On November 2, 2010, Blakk Babi's Official Music Page on Myspace,
www.myspace.com/12streetsnapmusic, stated that "Mikhail (Blakk Babi) Rhodd
was born..." The Myspace page also described Mr. Rhodd's rap music career.
Mr. Rhodd alleged that the station's owners paid his mother a rental fee
to place the equipment in her residence, but he would not identify the
owners. Even if his alleged story is correct, we have previously held that
liability for unlicensed operation may be assigned to any individual
taking part in the operation of the unlicensed station, regardless of who
else may be responsible for the operation, because Section 301 of the Act
provides that "no person shall use or operate" radio transmission
equipment. 7 U.S.C. S: 301; See Joni K. Craig, Forfeiture Order, 21 FCC
Rcd 10793 (EB 2006); See also Jean L. Senatus, Forfeiture Order, 20 FCC
Rcd 14418 (EB 2005).
47 U.S.C. S: 503(b).
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, e.g., Southern California Broadcasting
Co., Memorandum Opinion and Order, 6 FCC Rcd 4387 (1991), recon. denied, 7
FCC Rcd 3454 (1992).
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."
47 U.S.C. S: 301.
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"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204, 0.311, 0.314,
1.80.
See 47 C.F.R. S: 1.1914.
(...continued from previous page)
(continued....)
Federal Communications Commission DA 11 -832
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Federal Communications Commission DA 11 -832