Federal Communications Commission DA 08-541
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
In the Matter of
Craig Watkins 
Bronx, NY
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File Number: EB-07-NY-050
NAL/Acct. No: 200732380012
FRN: 0014159255
FORFEITURE ORDER
Adopted:  March 10, 2008 Released:  March 12, 2008
By the Acting Regional Director, Northeast Region, Enforcement Bureau:
I. INTRODUCTION 
1. In this Forfeiture Order (“Order”), we issue a monetary forfeiture in the amount of seventeen 
thousand dollars ($17,000) to Craig Watkins (“Watkins”) for willfully and repeatedly violating Section 301 
of the Communications Act of 1934, as amended (“Act”), by operating an unlicensed radio transmitter on the 
frequency 106.3 MHz in Bronx, NY and willfully violating 303(n) of the Act by refusing an inspection of the 
station. 1
II. BACKGROUND
2. On March 7, 2007, the FCC New York Office received a complaint from an engineer 
representing FM station WFAF, which operates on 106.3 MHz in Mt. Kisco, NY.   The engineer reported 
that an illegal broadcast station operating on 106.3 MHz in Bronx, NY was causing interference to WFAF.  
3. On March 10, 2007, a Commission agent, using a mobile direction finding vehicle, monitored 
the frequency 106.3 MHz in Bronx, NY.  The agent observed a radio broadcast on 106.3 MHz and 
identified the source of the transmissions as an FM broadcasting antenna on the roof of 927 East 229th
Street, Bronx, NY 10466.  The agent took field strength measurements and determined that the signals being 
broadcast exceeded the limits for operation under Part 15 of the Commission’s Rules (“Rules”)2 and 
  
1 47 U.S.C. § 301.
2 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 micro volts per meter (“?V/m”) at three meters. 47 C.F.R. 
§ 15.239.  Measurements showed that the field strength of the station’s signal exceeded the permissible level for a 
non-licensed Part 15 transmitter.  
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therefore required a license.  The agent searched Commission databases and found no evidence of a 
Commission authorization for operation on 106.3 MHz in Bronx, NY. 
4. On the same day, after completing field strength measurements, Commission agents 
conducted an investigation on the roof of 927 East 229th Street, Bronx, NY 10466.  The agents observed an 
FM broadcast antenna mounted to the chimney of the building that was connected to coaxial cable leading 
into a window of an upstairs apartment. The agents then knocked on the door to the upstairs apartment of 
the two-family house.  When the man who answered the door was asked about the radio station, he stated 
that he was a visitor and that he knew nothing about the radio station.  When agents asked him to turn off 
the transmitter, he did so.  The man also advised the agents that the apartment’s resident was not at home.
5. While speaking to the man at the upstairs apartment door, the agents were approached by the 
building owner, Garfield White. The agents advised White that an unauthorized radio station was being 
operated by someone in the upstairs apartment.  White phoned the resident, Craig Watkins, and asked him 
to return to the residence.  When Watkins arrived, the agents questioned him about the radio station and he 
admitted that there was radio equipment in his apartment, but he stated that no radio station existed.  
Watkins refused to allow the agents to inspect the equipment.  The agents issued Watkins a Notice of 
Unlicensed Radio Operation for operating an unlicensed radio station on 106.3 MHz and for refusing to 
allow inspection of the radio equipment. After returning to the vehicle, the agents monitored 106.3 MHz 
and noted that the station was off the air.
6. On March 13, 2007, a Commission agent, using a mobile direction finding vehicle, monitored 
the frequency 106.3 MHz in Bronx, NY.  The agent observed a radio broadcast on 106.3 MHz and 
identified the source of the transmissions as an FM broadcasting antenna on the roof of 927 East 229th
Street, Bronx, NY 10466.  A review of Commission databases revealed no evidence of a Commission 
authorization for operation on 106.3 MHz in Bronx, NY.
7. On March 14, 2007, a Commission agent, using a mobile direction finding vehicle, again 
monitored the frequency 106.3 MHz in Bronx, NY.  The agent observed a radio broadcast on 106.3 MHz 
and identified the source of the transmissions as an FM broadcasting antenna on the roof of 927 East 229th
Street, Bronx, NY 10466.  The agent took field strength measurements and determined that the signals being 
broadcast exceeded the limits for operation under Part 15 of the Rules3 and therefore required a license.  The 
agent searched Commission databases and found no evidence of a Commission authorization for operation 
on 106.3 MHz in Bronx, NY.
8. On July 27, 2007, Commission’s New York Field Office issued a Notice of Apparent Liability 
for Forfeiture (“NAL”) in the amount of $17,000 to Watkins for apparently violating Section 301 of the Act 
by operating an unlicensed radio transmitter on the frequency 106.3 MHz in Bronx, NY and willfully 
violating Section 303(n) of the Act by refusing to allow an inspection of the radio station equipment.4  
Watkins filed a response to the NAL on August 25, 2007.  In his response, Watkins states that he resides at 
927 East 229th Street, Bronx, NY with his wife, two children, and a brother-in-law.  Watkins does not deny 
that there is radio station equipment in his apartment and he does not claim that the equipment is there 
without his permission.  He states, however, that he does not know anything about the operation of a radio 
  
3 See supra n. 2.
4 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200732380012 (Enf. Bur., New York Office, released 
July 27, 2007).
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station.  He indicates that he questioned his brother-in-law and his brother-in-law’s friends about the radio 
station equipment and the antenna on the roof, but he was not able to obtain any information from them.  
Watkins does not address in response his refusal to allow the agents to inspect the equipment.  
III. DISCUSSION
9. The proposed forfeiture amount in this case was assessed in accordance with Section 503(b) of 
the Act,5 Section 1.80 of the Rules,6 and The Commission’s Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines (“Forfeiture Policy Statement”).7 In 
examining Watkins’s response, Section 503(b) of the Act requires that the Commission take into account 
the nature, circumstances, extent and gravity of the violation 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.8
10.  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.  Section 3(33) of the 
Act defines “communications by radio” as “the transmission by radio of writing, signs, signals, pictures, 
and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other 
thing the receipt, forwarding, and delivery of communications) incidental to such transmission.”9 Agents 
determined that, on March 10, 13, and 14, 2008, an unlicensed radio station was broadcasting on 106.3 
MHz from the upstairs apartment at 927 East 229th Street, Bronx, NY 10466. Watkins was identified by 
the building owner as the resident of the upstairs apartment at 927 East 229th Street and in his response to 
the NAL, Watkins states that he resides at that address. Although Watkins does not admit to operating the 
radio station, Watkins confirms that there is radio station equipment in his apartment.  Watkins does not 
state that such equipment was there without his permission.  As a result, we find that Watkins provided 
services and facilities incidental to the transmission of communications by radio occurring on 106.3 MHz 
at 927 East 229th Street, Bronx, NY 10466.  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.10 Taken together, we find that Watkins’s actions amounted 
to willful and repeated violations of Section 301 of the Act.  
11. Section 303(n) of the Act states that the Commission has the authority to inspect all radio 
installations associated with stations required to be licensed in order to ascertain whether, in operation, 
they conform to the requirements of the rules and regulations of the Commission.  On March 10, 2007, 
  
5 47 U.S.C. § 503(b).
6 47 C.F.R. § 1.80.
7 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
8 47 U.S.C. § 503(b)(2)(E).
9 47 U.S.C. § 153(33).
10 47 U.S.C. § 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). We note that, consistent with this precedent, even if Watkins’s 
brother-in-law owns and operates the radio station, Watkins remains liable for the provision of services and facilities 
incidental to the radio operations.
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Watkins refused to allow agents to inspect the station equipment located in his apartment.  Watkins does 
not dispute this finding in response to the NAL.  We therefore find that Watkins willfully violated Section 
303(n) of the Act by failing to allow an inspection of the radio station equipment located in his apartment.
IV. ORDERING CLAUSES
12. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (“Act”), and Sections 0.111, 0.311 and 1.80(f)(4) of the 
Commission’s Rules, Craig Watkins, IS LIABLE FOR A MONETARY FORFEITURE in the amount 
of $17,000 for willfully and repeatedly violating Sections 301 and 303(n) of the Act.11
13. Payment of the forfeiture shall be made in the manner provided for in Section 1.80 of the 
Rules within 30 days of the release of this Order.  If the forfeiture is not paid within the period specified, 
the case may be referred to the Department of Justice for collection pursuant to Section 504(a) of the 
Act.12 Payment of the forfeiture must be made by check or similar instrument, payable to the order of the 
Federal Communications Commission.  The payment must include the NAL/Account Number and FRN 
Number 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.  Please contact the Financial Operations Group Help Desk at 1-877-480-3201 or Email: 
ARINQUIRIES@fcc.gov with any questions regarding payment procedures. 
14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First Class Mail 
and Certified Mail Return Receipt Requested to Craig Watkins at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
G. Michael Moffitt
Acting Regional Director, Northeast Region
Enforcement Bureau
  
11 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4); 47 U.S.C. § 301.
12 47 U.S.C. § 504(a).