FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Marckenson Bazile ) File No: EB-10-MA-0116
) NAL/Acct. No: 201132600003
Miami, Florida ) FRN: 0016893083
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: March 29, 2011 Released: March 29, 2011
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 Marckenson
Bazile ("Mr. Bazile"), 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 103.9 MHz
from his residence in Miami, Florida. We conclude that Mr. Bazile is apparently liable for a forfeiture in the
amount of twenty thousand dollars ($20,000).
II. BACKGROUND
2. On June 16 and June 29, 2010, 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 103.9 MHz to a residence in Miami, Florida leased by Mr. Bazile.
The agents determined that the signals from Mr. Bazile's leased property exceeded the limits for operation
under Part 15 of the Commission's rules ("Rules"),2 and therefore required a license. A review of the
Commission's records revealed that no license or authorization was issued to Mr. Bazile or anyone else to
operate a radio station on 103.9 MHz at this location. The agents also found information on the Internet
listing an email address with "marcbazile@..." as the contact information for a Disc Jockey on "103.9
PARADIS FM.''3
i 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
pV/m at three meters. 47 C.F.R. 15.239.
3 On May 25, 2010, agents from the Miami Office met Mr. Bazile while investigating an unlicensed radio station
operating on 103.9 MHz from another location in Miami. Mr. Bazile asserted the station was located in a locked
garage space that he was subleasing to another person. On June 28, 2010, "T-Pouchon" was listed as a contact for
ParadisFM, 103.9. The photograph of the person listed to the side of"T-Pouchon" was the same individual the
agents met on May 25, 2010, Mr. Bazile. See www.paradisfm.cor, Team Paradis tab. On June 28, 2010, an agent
from the Miami Office searched the Internet and found a message posted by TiPouchon at www.sakapfet.com on
May 24, 2010 at 05:14 PM which stated: "EVERY SUNDAY AT DECO LOUNGE 10PM TO 4PM, 103.9
PARADIS FM OR GO ONLINE WWW.PARADIS FM .COM REQUEST LINE (786) 955-8892. IF YOU NEED
A DJ CALL JOE MIX AT (305) 263-0765." The agent clicked on the user profile for TI_POUCHON on
www.sakapfet.com, which showed the email address marcbazil~yahoo.com.

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Federal Communications Commission

DA 11 -567

United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28-April 08, 2011. Washington D.C.. UNT Digital Library. http://digital.library.unt.edu/ark:/67531/metadc52169/. Accessed September 19, 2014.