| |
KA9LCF > NEWS 27.04.12 23:01l 59 Lines 2763 Bytes #999 (0) @ ALLIN
BID : 36099-KA9LCF
Read: GUEST
Subj: ARN: Enforcement
Path: IZ3LSV<IK6IHL<IK6ZDE<VE3UIL<J39BS<9Y4PJ<N9LYA<KA9LCF
Sent: 120427/0323Z 36099@KA9LCF.#NEIN.IN.USA.NOAM [167180]FBB7.01.35 alpha $:36
From: KA9LCF@KA9LCF.#NEIN.IN.USA.NOAM
To : NEWS@ALLIN
ENFORCEMENT: FCC SAYS IT WONT RECONSIDER NYC $10000 FINE
The FCC has told Alexander Kissi, that he must pay a $10,000
fine for operating of an unlicensed radio broadcast station
on the frequency 96.5 MHz in Bronx, New York. In its April
20th Memorandum Opinion and Order, the FCC noted that back
on February 28 and March 1, 2008, agents in the Enforcement
Bureau's New located the unlicensed transmitter at a two-
story building on White Plains Road in the Bronx. After
completing the field strength measurements the agents
returned to conduct a station inspection. The agents spoke
to a man who worked there and a woman who was doing a live
radio broadcast from a small broadcast studio. In response
to agents' questions both the man and the woman stated that
Alexander Kissi was in charge of the station, but that he
was not there at the time. The agents reached Kissi by
phone on March 6, 2008, at which time he took full
responsibility for operation of the station.
On June 18, 2008, the New York Office issued Mr. Kissi a
Notice of Apparent Liability for Forfeiture by operating an
unlicensed radio transmitter and proposing a forfeiture in
the amount of $10,000. Mr. Kissi did not file a response to
the NAL. So on September 11,2008, the Enforcement Bureau's
Northeast Region issued a Forfeiture Order affirming the
findings and assessing a $10,000 forfeiture.
That's when Kissi filed an appeal in which he claimed that
he was out of town at the time the unlicensed transmissions
took place. He also asserted that a construction worker had
stolen his radio transmission equipment for the purpose of
selling. Also that when the construction worker was doing
equipment tests, he mistakenly left the equipment running
for several days.
But in denying the appeal the FCC says that Kissi does not
meet any of the three criteria that would allow the Bureau
to consider his Petition. This is because Kissi accepted
responsibility for the unauthorized operation just five days
after the violation. Therefore his new assertions regarding
the theft of his radio transmission equipment directly
contradicts his March 6, 2008, admission to an FCC agent
that he was fully responsible for the operation of the
station on February 28, 2008, and March 1, 2008.
Given that it finds this newly-presented information
unsubstantiated and unreliable, the FCC says that it does
not believe that further consideration of the Petition would
serve the public interest. For these reasons, the FCC says
it finds no basis for reconsideration and therefore affirms
the finding in the Forfeiture Order. Its given Kissi the
customary 30 days to pay the $10,000 fine or take the matter
to further appeal. (FCC)
Read previous mail | Read next mail
| |
