Federal Communications Commission DA 18-50
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Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of
Kedner Maxime
Oakland Part, FL
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File No.:  EB-FIELDSCR-15-00020432
Acct. No.:  201632600002
FRN:  0025807728
ORDER
Adopted:  January 18, 2018 Released:  January 19, 2018
By the Chief, Enforcement Bureau:
1. The Enforcement Bureau (Bureau) of the Federal Communications Commission has 
entered into a Consent Decree to resolve its investigation into whether Kedner Maxime (Maxime) 
operated an unauthorized radio station on 102.1 and 89.1 MHz from two different locations in Broward 
County, Florida.  Unlicensed radio stations create a danger of interference to licensed communications, 
including other broadcasters, aviation, and public safety frequencies.  Such operations also undermine the 
Commission’s authority over broadcast radio operations.  Moreover, unlicensed radio stations do not 
broadcast Emergency Alert Service (EAS) messages, and so create a public safety hazard for their listeners.  
To settle this matter, Maxime admits that he operated an unauthorized radio station, will not operate an 
unauthorized radio station in the future, and will pay a $2,500 civil penalty.  However, Maxime will pay 
an addition civil penalty of $12,500 if the Commission finds that he operates an unauthorized radio 
station during the next twenty years or misled the Commission regarding his current financial status.
2. After reviewing the terms of the Consent Decree and evaluating the facts before us, we 
find that the public interest would be served by adopting the Consent Decree and resolving the Notice of 
Apparent Liability for Forfeiture (NAL) regarding Maxime’s compliance with operating an unauthorized 
radio station in violation of Section 301 of the Communications Act of 1934, as amended (Act).
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3. In the absence of material new evidence relating to this matter, we do not set for hearing 
the question of Maxime’s basic qualifications to hold or obtain any Commission license or authorization.
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4. Accordingly, IT IS ORDERED that, pursuant to Sections 4(i), and 503(b) of the Act
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and the authority delegated by Sections 0.111 and 0.311 of the Commission’s rules,
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 the attached Consent 
Decree IS ADOPTED and its terms incorporated by reference.
5. IT IS FURTHER ORDERED that the above-captioned matter IS TERMINATED and 
the NAL IS CANCELED.
1
 47 U.S.C. § 301.  
2
 See 47 CFR § 1.93(b).
3
 47 U.S.C. §§ 154(i), 503(b).
4
 47 CFR §§ 0.111, 0.311.
Federal Communications Commission DA 18-50
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6. IT IS FURTHER ORDERED that a copy of this Order and Consent Decree shall be sent by 
first class mail and certified mail, return receipt requested, to Maxime at his address of record, and to 
Jelani C. Davis, Esquire, 7951 S.W. Sixth Street, Suite 200, Plantation, FL 33324.
FEDERAL COMMUNICATIONS COMMISSION
Rosemary C. Harold
Chief 
Enforcement Bureau
 Federal Communications Commission DA 18-50
  Before the
Federal Communications Commission
Washington, DC 20554
In the Matter of 
Kedner Maxime
Oakland Park, FL 
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File No.:  EB-FIELDSCR-15-00020432 
NAL/Acct. No.:  201632600002 
FRN:  0025807728 
CONSENT DECREE
1. The Enforcement Bureau of the Federal Communications Commission and Kedner 
Maxime (Mr. Maxime), by their authorized representatives, hereby enter into this Consent Decree for the 
purpose of terminating the Enforcement Bureau’s investigation into whether Mr. Maxime violated 
Section 301 of the Communications Act of 1934, as amended, by operating an unauthorized radio station 
on 102.1 and 89.1 MHz in two locations in Broward County, Florida.  
I. DEFINITIONS
2. For the purposes of this Consent Decree, the following definitions shall apply:
(a) “Act” means the Communications Act of 1934, as amended.
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(b) “Adopting Order” means an order of the Bureau adopting the terms of this Consent 
Decree without change, addition, deletion, or modification.
(c) “Bureau” means the Enforcement Bureau of the Federal Communications 
Commission.
(d) “Commission” and “FCC” mean the Federal Communications Commission and all 
of its bureaus and offices.
(e)  “Compliance Commitment” means the compliance obligations described in this 
Consent Decree at paragraph 10.
(f)  “Effective Date” means the date by which both the Bureau and Mr. Maxime have 
signed the Consent Decree.
(g) “Investigation” means the investigation commenced by the Bureau in File No. EB-
FIELDSCR-15-00020432 regarding whether Mr. Maxime violated Section 301 of 
the Act by operating an unauthorized radio station which culminated in the issuance 
of the NAL.
(h) “NAL” means the Notice of Apparent Liability for Forfeiture and Order issued to 
Mr. Maxime on August 12, 2016, proposing a $15,000 forfeiture for apparent 
violations of Section 301 of the Act.
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(i) “Parties” means Mr. Maxime and the Bureau, each of which is a “Party.”
(j) “TARGET” means Mr. Maxime. 
1
 47 U.S.C. § 151 et seq.
2
 Kedner Maxime, Notice of Apparent Liability for Forfeiture, 31 FCC Rcd 8876 (2016) (NAL).
Federal Communications Commission DA 18-50
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II. BACKGROUND
3. 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 this Act and with a license in that behalf granted under the provisions of this 
Act.”
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  Unlicensed radio stations operate illegally, in violation of Section 301.  Unlicensed radio stations 
undermine the Commission’s efforts to manage radio spectrum and can interfere with licensed 
communications, including authorized broadcasts and public safety transmissions.  Moreover, unlicensed 
radio stations do not broadcast Emergency Alert Service (EAS) messages, and so create a public safety 
hazard for their listeners.
4. Mr. Maxime is an individual who operated an unauthorized radio station on two different 
frequencies and from two different locations in Broward County, Florida:  102.1 MHz from a church 
located in Ft. Lauderdale, Florida, where he worked, and 89.1 MHz from an office park in Oakland Park, 
Florida.  On August 12. 2016, the Commission issued an NAL proposing a $15,000 penalty against Mr. 
Maxime for apparently operating an unauthorized radio station in violation of Section 301 of the Act.
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  In 
response to the NAL, Mr. Maxime filed a request to reduce or cancel the proposed forfeiture and 
submitted three years of tax returns supporting his request based on an inability to pay the proposed 
forfeiture.
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  Subsequently, Mr. Maxime and the Bureau engaged in settlement negotiations.  To settle this 
matter, the Bureau and Mr. Maxime enter into this Consent Decree and agree to the following terms and 
conditions.     
III. TERMS OF AGREEMENT
5. Adopting Order.  The provisions of this Consent Decree shall be incorporated by the 
Bureau in an Adopting Order.
6. Jurisdiction.  Mr. Maxime agrees that the Bureau has jurisdiction over him and the 
matters contained in this Consent Decree and has the authority to enter into and adopt this Consent 
Decree.
7. Effective Date; Violations.  The Parties agree that this Consent Decree shall become 
effective on the Effective Date as defined herein.  As of the Effective Date, the Parties agree that this 
Consent Decree shall have the same force and effect as any other order of the Commission.  
8. Termination of Investigation.  In express reliance on the covenants and representations 
in this Consent Decree and to avoid further expenditure of public resources, the Bureau agrees to 
terminate the Investigation.  In consideration for the termination of the Investigation, Mr. Maxime agrees 
to the terms, conditions, and procedures contained herein.  The Bureau further agrees that, in the absence 
of new material evidence, it will not use the facts developed in the Investigation through the Effective 
Date, or the existence of this Consent Decree, to institute, on its own motion, any new proceeding, formal 
or informal, or take any action on its own motion against Mr. Maxime concerning the matters that were 
the subject of the Investigation.  The Bureau also agrees that, in the absence of new material evidence, it 
will not use the facts developed in the Investigation through the Effective Date, or the existence of this 
Consent Decree, to institute on its own motion any proceeding, formal or informal, or to set for hearing 
the question of Mr. Maxime’ basic qualifications to be a Commission licensee or hold Commission 
licenses or authorizations.
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3
 47 U.S.C. § 301.
4
 NAL, 31 FCC Rcd at 8878, para. 11.  The NAL includes a more complete recitation of the facts and history of this 
case and is incorporated herein by reference.    
5
 Kedner Maxime’s Request for Reduction or Cancellation of the Proposed Fine of the Proposed Forfeiture, Sept. 
14, 2016.
6
 See 47 CFR § 1.93(b).
Federal Communications Commission DA 18-50
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9. Admission of Liability.  Mr. Maxime admits for the purpose of this Consent Decree and 
for Commission civil enforcement purposes, and in express reliance on the provisions of paragraph 8 
herein, that his actions referenced in paragraph 4 herein and the NAL violated Section 301 of the Act.  
10. Compliance Commitment.  Mr. Maxime has ceased using or operating and in the future 
will not use, operate, or provide material assistance to another in the use or operation of, any unauthorized 
radio station.  Any use, operation, or provision of material assistance to another in the use or operation of 
an unauthorized radio station by Mr. Maxime will violate Section 301 of the Act and the terms of this 
Consent Decree.  Mr. Maxime will report any noncompliance with Section 301 of the Act or with the 
terms and conditions of this Consent Decree within fifteen (15) calendar days of such noncompliance to 
Field Director, Office of the Field Director, Enforcement Bureau, Federal Communications Commission, 
445 12
th
 Street, S.W., Washington, DC  20554, with a copy submitted electronically to 
Janet.Moran@fcc.gov and field@fcc.gov; any failure to report such noncompliance will violate the terms of this Consent Decree.
11. Termination Date.  Unless stated otherwise, the requirements set forth in paragraph 10 
(compliance commitment paragraph) of this Consent Decree shall expire twenty (20) years after the 
Effective Date.  
12. Civil Penalty.  In light of Mr. Maxime’s demonstrated inability to pay, and subject to the 
provisions of paragraph 13 below, Mr. Maxime will pay a civil penalty to the United States Treasury in 
the amount of two thousand, five hundred Dollars ($2,500) (Civil Penalty), with an initial payment of 
three hundred Dollars ($300.00) (Initial Payment) and eleven (11) quarterly installment payments, each in 
the amount of two hundred Dollars ($200.00), paid over the course of a thirty six month period (each, an 
Installment Payment).  The Initial Payment of $300.00 shall be made within thirty (30) calendar days of 
the Effective Date.  Thereafter, the Installment Payments are due and payable quarterly on the 18
th
 of the 
month starting on May 18, 2018, with a final Installment Payment on December 18, 2020, 36 months 
after the effective date.  Mr. Maxime acknowledges and agrees that upon execution of this Consent 
Decree, the Civil Penalty and each Installment Payment shall become a “Claim” or “Debt” as defined in 
Section 3701(b)(1) of the Debt Collection Improvement Act of 1996 (DCIA).
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  Mr. Maxime shall send 
electronic notification of payment to Janet.Moran@fcc.gov and field@fcc.gov on the date payment is 
made.  The payment must be made by check or similar instrument, wire transfer, or credit card, and must 
include the NAL/Account Number and FRN referenced above.  Regardless of the form of payment, a 
completed FCC Form 159 (Remittance Advice) must be submitted.
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  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).  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. 
7
 Debt Collection Improvement Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 1358 (Apr. 26, 1996) (DCIA).
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 An FCC Form 159 and detailed instructions for completing the form may be obtained at 
http://www.fcc.gov/Forms/Form159/159.pdf.
Federal Communications Commission DA 18-50
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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.
Questions regarding payment procedures should be addressed to the Financial Operations Group Help 
Desk by phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
13. Suspended Penalty.  Mr. Maxime further agrees that, upon an Event of Default (as 
described below in paragraph 14), he will pay a further civil penalty to the United States Treasury in the 
amount of twelve thousand, five hundred Dollars ($12,500) (Additional Civil Penalty).  Mr. Maxime 
acknowledges and agrees that upon an Event of Default, the Additional Civil Penalty shall also become a 
“Claim” or “Debt” as defined in Section 3701(b)(1) of the DCIA,
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 and all procedures for collection of the 
Additional Civil Penalty may, at the Commission’s discretion, be initiated against Mr. Maxime.  
14. Event of Default.  Mr. Maxime agrees that an Event of Default shall occur upon (1) the 
failure to pay the Civil Penalty or any Installment Payments to the U.S. Treasury on or before the dates 
specified in Paragraph 12; (2) the release of an order within three years of the Effective Date by the 
Commission, such as a Notice of Apparent Liability for Forfeiture that is uncontested or a Forfeiture 
Order, finding that Mr. Maxime violated Section 301 of the Act; (3) an admission of non-compliance 
required by Paragraph 10; or (4) the release of an order by the Commission finding that Mr. Maxime 
materially misstated his financial condition in the documents he produced to support his claim of inability 
to pay.  
15. Interest, Charges for Collection, and Acceleration of Maturity Date. Upon an Event 
of Default, all procedures for collection permitted by the DCIA and other provisions of law
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 may, at the 
Commission’s discretion, be initiated and the following shall become immediately due and payable, 
without notice, presentment, demand, protest, or notice of protest of any kind, all of which are waived by 
Mr. Maxime:  (a) any unpaid Civil Penalty referenced in Paragraph 12, which shall accrue interest at a 
rate of the U.S. Prime Rate in effect on the date of the Event of Default plus 4.75 percent per annum from 
the date of the Event of Default until payment in full; (b) the Additional Civil Penalty referenced in 
Paragraph 13, which shall accrue interest at a rate of the U.S. Prime Rate in effect on the date of the Event 
of Default plus 4.75 percent per annum from the date of the Event of Default until payment in full; (c) any 
penalties permitted and/or required by the law, including but not limited to 31 U.S.C. § 3717; and (d) any 
administrative charge(s), including the costs of collection, litigation, and attorneys’ fees. 
16. Waivers.  As of the Effective Date, Mr. Maxime waives any and all rights he may have 
to seek administrative or judicial reconsideration, review, appeal or stay, or to otherwise challenge or 
contest the validity of this Consent Decree and the Adopting Order.  Mr. Maxime shall retain the right to 
challenge Commission interpretation of the Consent Decree or any terms contained herein.  If either Party 
(or the United States on behalf of the Commission) brings a judicial action to enforce the terms of the 
Consent Decree or the Adopting Order, neither Mr. Maxime nor the Commission shall contest the validity 
of the Consent Decree or the Adopting Order, and Mr. Maxime shall waive any statutory right to a trial de 
novo.  Mr. Maxime hereby agrees to waive any claims he may otherwise have under the Equal Access to 
Justice Act
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 relating to the matters addressed in this Consent Decree.
17. Severability.  The Parties agree that if any of the provisions of the Consent Decree shall 
be held unenforceable by any court of competent jurisdiction, such unenforceability shall not render 
unenforceable the entire Consent Decree, but rather the entire Consent Decree shall be construed as if not 
containing the particular unenforceable provision or provisions, and the rights and obligations of the 
Parties shall be construed and enforced accordingly.
9
 Id.
10
 See 31 CFR Part 900, et seq.
11
 See 5 U.S.C. § 504; 47 CFR §§ 1.1501–1.1530.
Federal Communications Commission DA 18-50
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18. Invalidity.  In the event that this Consent Decree in its entirety is rendered invalid by any 
court of competent jurisdiction, it shall become null and void and may not be used in any manner in any 
legal proceeding.
19. Subsequent Rule or Order.  The Parties agree that if any provision of the Consent 
Decree conflicts with any subsequent Rule or Order adopted by the Commission (except an Order 
specifically intended to revise the terms of this Consent Decree to which Mr. Maxime does not expressly 
consent) that provision will be superseded by such Rule or Order.
20. Successors and Assigns.  Mr. Maxime agrees that the provisions of this Consent Decree 
shall be binding on his successors and assigns.
21. Final Settlement.  The Parties agree and acknowledge that this Consent Decree shall 
constitute a final settlement between the Parties with respect to the Investigation.   
22. Modifications.  This Consent Decree cannot be modified without the advance written 
consent of both Parties.
23. Paragraph Headings.  The headings of the paragraphs in this Consent Decree are 
inserted for convenience only and are not intended to affect the meaning or interpretation of this Consent 
Decree.
24. Authorized Representative.  Each Party represents and warrants to the other that it has 
full power and authority to enter into this Consent Decree.  Each person signing this Consent Decree on 
behalf of a Party hereby represents that he or she is fully authorized by the Party to execute this Consent 
Decree and to bind the Party to its terms and conditions. 
25. Counterparts.  This Consent Decree may be signed in counterpart (including 
electronically or by facsimile).  Each counterpart, when executed and delivered, shall be an original, and 
all of the counterparts together shall constitute one and the same fully executed instrument.
________________________________
Rosemary C. Harold
Chief
Enforcement Bureau
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Date
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Kedner Maxime
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Date