FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011 Page: 15,061
The following text was automatically extracted from the image on this page using optical character recognition software:
"ladyluckradio.net" and "club ladyluck 1610 NW 119'".'" The domain name, ladyluckradio.net, was
registered to Mr. Cernogg.' The Florida Department of State's Division of Corporations ("Division of
Corporations") lists Mr. Cernogg as the registered agent of a business called "Lady Luck Social Club, Inc.,"
with principal and mailing addresses at 1610 NW 1 19t' Street, Miami, Florida 33167, the same address
partially listed on the Twitter account for "LADY LUCKRADIO." The phone number for Mr. Cernmogg
listed on one of the documents for Lady Luck Social Club, Inc. tiled with the Division of Corporations
matches the contact phone number for Mr. Cernogg that Mr. Cemogg's housemate gave the agents on April
14, 201 1. The address for Mr. Cernogg listed in a document for Lady Luck Social Club, Inc. filed with
the Division of Corporations also matches the address for Mr. Cernogg listed in the ladyluckradio.net
domain name registration.
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.' Section 312()( 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.x
The legislative history to section 3 12(f)(1) of the Act clarifies that this definition of willful applies to both
sections 312 and 503(b) of the Act," and the Commission has so interpreted the term in the section 503(b)
context."' The Commission may also assess a forfeiture for violations that are merely repeated, and not
willful." 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 ofenergy or communications or signals by radio within the United States, except under and in
website, available at http://ladyluckradio.ning.com/profile/LadyLuckRadio907FM Miami (last visited April 14,
4 See twitter.com/ladyluckradio (last visited April 15. 2011).
See w w '.nct\ L koluototlis Cotni , hois-searc h la ltd uCkradio.ntll (last visited April 15, 2011).
See id. See also Articles of Amendment to Articles of Incorporation for Lady Luck Social Club, Inc. filed with the
Florida Department of State's Division of Corporations, Sept. 21, 2011.
7 47 U.S.C. 503(b).
S47 U.S.C('. 312( )(1 ).
H.R. Rep. No. 97-765, 97"' Cong. 2d Scss. 51 (1982) (l'his 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)
S.. As defined[.j ... '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' Incaets 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 ... .").
l" See, e.g . Appliction for R'eview of Southern (l t/lrn m Blroad ivlrg Co., Memorandum Opilnon and Order. 6
FCC Rcd 4387, 4388 (1991 ) ("Sitlhe rn ('alif/ornia iBroac hunting C(o.").
" See. e.g.. (lla i Ciblevrsion. Itc.. Notice o'f Apparcnt Liability ifor Monetary Forfitur.e, 16 F(CC Red 1359,
1362, para. 10 (2001) ('"Clai (Cablevision. In' ") (proposing a forti'iture for, rilter alia, a cable television
operator's repeated signal leakage).
Southern California Broadcattng Co., 6 FCC Red at 4388, para. 5: _Callais Cablevision. It'.. 16 FCC Red at
1362, para. 9.
Federal Communications Commission
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 19, Pages 14991 to 15893, October 24 - November 10, 2011, book, November 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc133013/m1/85/: accessed September 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.