Federal Communications Commission DA 15-1004
Before the
Federal Communications Commission
Washington, DC 20554 
In the Matter of
Jean Yves Tullias
Irvington, New Jersey
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  File No.:  EB-FIELDNER-15-00019483
  NAL/Acct. No.:  201532380002
  FRN:  0024880304
             
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted:  September 11, 2015 Released:  September 11, 2015
By the District Director, New York Office, Northeast Region, Enforcement Bureau:
I. INTRODUCTION
1. We propose a penalty of $15,000 against Jean Yves Tullias for operating an unlicensed 
radio station on 107.9 MHz in Irvington, New Jersey.  The Commission previously warned Mr. Tullias that 
operation of this unlicensed station was illegal and that continued operation could result in further 
enforcement action.  Mr. Tullias’ deliberate disregard of the Commission’s warning warrants a significant
penalty.  Commission action in this area is essential because unlicensed radio stations create a danger of 
interference to licensed communications and undermine the Commission’s authority over FM broadcast 
radio operations.  
II. BACKGROUND
2. Mr. Tullias has a history of operating unlicensed FM stations in New Jersey.  In 2012, Mr. 
Tullias received a Notice of Unlicensed Operation for operating a pirate station on 107.9 MHz in Irvington.
1
  
On June 25, 2015, in response to a complaint of unlicensed operation, agents from the Enforcement 
Bureau’s New York Office (New York Office) used mobile direction-finding techniques to locate the source 
of radio frequency transmissions on the frequency 107.9 MHz to an FM antenna mounted on the roof of a 
single family residence located in Irvington, New Jersey.  The agents took field strength measurements of
the station’s signal and determined that the transmissions on 107.9 MHz exceeded the limits for operation 
under Part 15 of the Commission’s rules (Rules),
2
and therefore required a license.  The agents consulted the 
Commission’s records and confirmed that no authorization had been issued to Mr. Tullias, or to anyone else,
for the operation of an FM broadcast station at or near this residence in Irvington, New Jersey.
3. On June 29, 2015, the New York Office sent the property owner, Mr. Nicholas Fonrose, a
Notice of Unlicensed Operation informing Mr. Fonrose that an unlicensed radio station was operating on 
107.9 MHz at a residence owned by him in Irvington, New Jersey and warned him that continued 
unlicensed operations could result in additional enforcement action.
3
  No response to the Notice was 
received, but upon returning to the property the agents noted that the FM antenna had been removed from 
the roof of the residence.
4. On August 5, 2015, in response to additional complaints of unlicensed operation, agents 
                                                     
1
Jean Yves Tullias, Notice of Unlicensed Operation (May 22, 2012) (on file in EB-FIELDNER-15-00019483).
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 
?V/m at three meters.  47 C.F.R. § 15.239.
3
Nicholas Fonrose, Notice of Unlicensed Operation (June 29, 2015) (on file in EB-FIELDNER-15-00019483).
Federal Communications Commission DA 15-1004
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from the New York Office again used mobile direction-finding techniques to identify the source of 
transmissions on the frequency 107.9 MHz to a new location in Orange, New Jersey, a multi-family 
dwelling.  The agents again took field strength measurements of the station’s signal, confirmed that the 
transmissions exceeded the limits for operation under Part 15 of the Commission’s rules, and determined 
that no authorization had been issued to Mr. Tullias or to anyone else, for the operation of a station at or near 
this multi-family dwelling.  On August 5, 2015, agents from the New York Office spoke to the manager of 
the building, Eli Rothschild, who confirmed that the station operator was Mr. Jean Yves Tullias, noted that 
Mr. Tullias was a new resident in the building, and assured the agents that the antenna would be removed 
from the building immediately.  On August 7, 2015, Mr. Rothschild contacted the New York Office to 
inform them that the antenna had been removed from the building.
5. On August 10, 2015, in response to continued complaints of unlicensed operations agents 
from the New York Office again used mobile direction-finding techniques to identify the source of 
transmissions on the frequency 107.9 MHz to a different multi-family dwelling back in Irvington, New 
Jersey.  The agents again took field strength measurements of the station’s signal, confirmed that the 
transmissions exceeded the limits for operation under Part 15 of the Commission’s rules, and determined 
that no authorization had been issued to Mr. Tullias or to anyone else, for the operation of a station at or near 
this multi-family dwelling.  A subsequent search of the Internet revealed that a radio station calling itself 
Friendship RTV purports to operate from 894 Chancellor Avenue, Irvington, New Jersey and that the 
President-Director General of Friendship RTV is listed as Mr. Jean Yves Tullias.  On August 12, 2015, the 
New York Office issued a Notice of Unlicensed Operation to Mr. Tullias stating that his operation of a radio 
station at 107.9 MHz violated Section 301 of the Communications Act of 1934, as amended (Act)
4
, must 
cease immediately, and could subject him to significant forfeitures.
5
  Again, Mr. Tullias did not respond to 
the Notice.
III. DISCUSSION
6. We find that Mr. Tullias apparently willfully and repeatedly violated Section 301 of the 
Act.
6
  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 without a license granted by the 
Commission. On June 29, 2015, August 5, 2015 and August 10, 2015, agents from the New York Office 
determined that an unlicensed radio station operated on 107.9 MHz from Mr. Tullias’ residences.  Mr.
Tullias was warned by the Commission that such unlicensed operations violated the Act.  As a result, we 
find Mr. Hernandez apparently willfully and repeatedly violated Section 301 of the Act by operating an 
unlicensed radio station.
7. 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.
7
  Here, Section 503(b)(2)(D) of the Act authorizes us to 
assess a forfeiture against Mr. Tullias of up to $16,000 for each day of a continuing violation, up to a 
statutory maximum of $122,500 for a single act or failure to act.
8
  In exercising our forfeiture authority, we 
                                                     
4
47 U.S.C. § 301.
5
Jean Yves Tullias, Notice of Unlicensed Operation (August 12, 2015) (on file in EB-FIELDNER-15-00019483).
6
47 U.S.C. § 301.
7
47 U.S.C. § 503(b).
8
See 47 U.S.C. § 503(b)(2)(D); 47 C.F.R. § 1.80(b)(7). These amounts reflect inflation adjustments to the 
forfeitures specified in Section 503(b)(2)(D) ($10,000 per violation or per day of a continuing violation and $75,000
per any single act or failure to act). The Federal Civil Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-
410, 104 Stat. 890, as amended by the Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, Sec. 31001, 
110 Stat. 1321, requires the Commission to adjust its forfeiture penalties periodically for inflation. See 28 U.S.C. § 
(continued…)
Federal Communications Commission DA 15-1004
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must consider 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 such other matters as 
justice may require.”
9
  In addition, the Commission has established forfeiture guidelines; they establish base 
penalties for certain violations and identify criteria that we consider when determining the appropriate 
penalty in any given case.
10
Under these guidelines, we may adjust a forfeiture upward for violations that 
are egregious, intentional, or repeated, or that cause substantial harm or generate substantial economic gain 
for the violator.
11  
8. Section 1.80(b) of the Rules sets a base forfeiture of $10,000 for operation without an 
instrument of authorization.
12
  We have discretion, however, to depart from these guidelines, taking into 
account the particular facts of each individual case.
13
  We find that the violations here warrant a proposed 
forfeiture above the base amount.  On multiple occasions, Mr. Tullias was issued warnings explaining that 
unlicensed operation of a radio station violated the law and could subject him to further enforcement action, 
including a substantial monetary forfeiture. Despite having received these warnings, Mr. Tullias continued 
to operate the unlicensed radio station.  The fact that Mr. Tullias continued to operate an unlicensed station 
after being put on notice that his actions contravened the Act, the Rules, and related Commission orders 
demonstrates a deliberate disregard for the Commission’s authority and requirements.  Thus, we find that an 
upward adjustment in the forfeiture amount of $5,000 is warranted.
14
After applying the Forfeiture Policy 
Statement, Section 1.80 of the Rules, and the statutory factors, we propose a total forfeiture of $15,000, 
for which Mr. Tullias is apparently liable.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the Act
15
and Section
1.80 of the Rules,
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Jean Yves Tullias is hereby NOTIFIED of this APPARENT LIABILITY FOR A 
FORFEITURE in the amount of fifteen thousand dollars ($15,000) for willful and repeated violations of 
(Continued from previous page…)                                                      
2461 note (4). The Commission most recently adjusted its penalties to account for inflation in 2013. See 
Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect 
Inflation, Order, 28 FCC Rcd 10785 (Enf. Bur. 2013); see also Inflation Adjustment of Monetary Penalties, 78 Fed. 
Reg. 49,370-01 (Aug. 14, 2013) (setting Sept. 13, 2013, as the effective date for the increases).  
9
47 U.S.C. § 503(b)(2)(E).
10
47 C.F.R. § 1.80(b)(8), Note to paragraph (b)(8). 
11
Id.
12
47 C.F.R. § 1.80(b).
13
The 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, 17098–99, para. 22 (1997) (noting that “[a]lthough we 
have adopted the base forfeiture amounts as guidelines to provide a measure of predictability to the forfeiture 
process, we retain our discretion to depart from the guidelines and issue forfeitures on a case-by-case basis, under 
our general forfeiture authority contained in Section 503 of the Act”) (Forfeiture Policy Statement), recons. denied, 
Memorandum Opinion and Order, 15 FCC Rcd 303 (1999).
14
See Robert Brown, Memorandum Opinion and Order, 27 FCC Rcd 6975 (Enf. Bur. 2012), aff’g, Forfeiture Order, 
26 FCC Rcd 6854 (Enf. Bur. 2011), aff’g, Notice of Apparent Liability for Forfeiture, 25 FCC Rcd 13740 (Enf. Bur. 
2010) (upwardly adjusted proposed forfeiture by $5,000 because violator operated an unlicensed radio station after 
receiving a written warning that such action violated the Act and Rules); Loyd Morris, Memorandum Opinion and 
Order, 27 FCC Rcd 6979 (Enf. Bur. 2012), aff’g, Forfeiture Order, 26 FCC Rcd 6856 (Enf. Bur. 2011), aff’g, Notice 
of Apparent Liability for Forfeiture, 25 FCC Rcd 13736 (Enf. Bur. 2010) (same).  
15
47 U.S.C. § 503(b).
16
47 C.F.R. § 1.80.
Federal Communications Commission DA 15-1004
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Section 301 of the Act.
17
10. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the Rules,
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within thirty 
(30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture, Jean Yves 
Tullias SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed forfeiture consistent with paragraph 13 below.
11. Payment of the forfeiture must be made by check or similar instrument, wire transfer, or 
credit card, and must include the NAL/Account Number and FRN referenced above.  Jean Yves Tullias
shall send electronic notification of payment to NER-Response@fcc.gov on the date said payment is 
made.  Regardless of the form of payment, a completed FCC Form 159 (Remittance Advice) must be 
submitted.
19
  When completing the FCC Form 159, enter the Account Number in block number 23A (call 
sign/other ID) and enter the letters “FORF” in block number 24A (payment type code).  Below are 
additional instructions that should be followed based on the form of payment selected:
• Payment by check or money order must be made payable to the order of the Federal 
Communications Commission.  Such payments (along with the completed Form 159) must be 
mailed to Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-
9000, or sent via overnight mail to U.S. Bank – Government Lockbox #979088, SL-MO-C2-
GL, 1005 Convention Plaza, St. Louis, MO 63101.
• Payment by wire transfer must be made to ABA Number 021030004, receiving bank 
TREAS/NYC, and Account Number 27000001.  To complete the wire transfer and ensure 
appropriate crediting of the wired funds, a completed Form 159 must be faxed to U.S. Bank 
at (314) 418-4232 on the same business day the wire transfer is initiated.
• Payment by credit card must be made by providing the required credit card information on 
FCC Form 159 and signing and dating the Form 159 to authorize the credit card payment.  
The completed Form 159 must then be mailed to Federal Communications Commission, P.O. 
Box 979088, St. Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank –
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 
63101.
12. Any request for making full payment over time under an installment plan should be sent 
to:  Chief Financial Officer—Financial Operations, Federal Communications Commission, 445 12th 
Street, SW, Room 1-A625, Washington, DC 20554.
20
  Questions regarding payment procedures should be 
directed to the Financial Operations Group Help Desk by phone, 1-877-480-3201, or by e-mail, 
ARINQUIRIES@fcc.gov.
13. The written statement seeking reduction or cancellation of the proposed forfeiture, if any, 
must include a detailed factual statement supported by appropriate documentation and affidavits pursuant 
to Sections 1.16 and 1.80(f)(3) of the Rules.
21
  The written statement must be mailed to the Federal 
Communications Commission, Enforcement Bureau, Northeast Region, New York Office, 201 Varick 
Street, Suite 1151, New York, NY 10014, and must include the NAL/Account Number referenced in the 
caption.  The statement must also be e-mailed to NER-Response@fcc.gov.  
                                                     
17
47 U.S.C. § 301.
18
47 C.F.R. § 1.80.
19
An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
20
See 47 C.F.R. § 1.1914.
21
47 C.F.R. §§ 1.16, 1.80(f)(3).
Federal Communications Commission DA 15-1004
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14. The Commission will not consider reducing or canceling a forfeiture in response to a 
claim of inability to pay unless the petitioner submits:  (1) federal tax returns for the most recent three-
year period; (2) financial statements prepared according to generally accepted accounting practices; or 
(3) some other reliable and objective documentation that accurately reflects the petitioner’s current 
financial status.  Any claim of inability to pay must specifically identify the basis for the claim by 
reference to the financial documentation.
15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability for 
Forfeiture shall be sent by first class mail and certified mail, return receipt requested, to Jean Yves Tullias
at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Stephen Maguire
District Director 
New York Office
Northeast Region
Enforcement Bureau