FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011 Page: 4,929
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3. 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.5 The term "repeated"
means the commission or omission of such act more than once or for more than one day.6
4. 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.7 On June 16 and again
on June 29, 2010, Mr. Bazile operated an unlicensed radio station on the frequency 103.9 MHz from his
leased residence in Miami, Florida. Information on the Internet also shows that Mr. Bazile served as a DJ
for a radio station on the frequency 103.9 MHz. Because Mr. Bazile knowingly operated the 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 June 16 and June 29,
2010, Mr. Bazile apparently willfully and repeatedly violated section 301 of the Act by operating radio
transmission equipment without the required Commission authorization.
5. 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 $10,000.8 In assessing the
monetary forfeiture amount, we must also take into account the statutory factors set forth in section
503(bX2)(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.9
6. Consequently, the $10,000 base forfeiture amount is subject to adjustment. In this regard,
we take into account Mr. Bazile's previous violations. On November 16, 2007, Mr. Bazile admitted to
operating an unlicensed radio station at Port St. Lucie, Florida on August 16 and 17, 2007.10 The fact that
4 47 U.S.C. 503(b).
5 Section 312(f)(1)of the Act, 47 U.S.C. 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 Red 4387 (1991), recon.
denied, 7 FCC Red 3454 (1992).
6 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 "[tihe 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."
7 47 U.S.C. 301.
SThe 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. 1.80.
9 47 U.S.C. 503(b)(2)(E).
10 Letter from Marckenson Bazile to the Tampa Field Office, dated November 16, 2007. See also Marckenson
Bazile, Forfeiture Order, 22 FCC Red 21448 (Enf. Bur. 2007).
Federal Communications Commission
DA 11 -567
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United States. Federal Communications Commission. FCC Record, Volume 26, No. 7, Pages 4843 to 5761, March 28 - April 08, 2011, book, April 2011; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc52169/m1/101/: accessed August 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.