Federal Communications Commission DA 25-697 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) File No.: EB-FIELDNER-24-00036979 Noah Opoku Gyamfi ) NAL/Acct. No.: 202532010006 Worcester, Massachusetts ) FRN: 0037252962 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 7, 2025 Released: August 7, 2025 By the Acting Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (NAL), we propose a penalty of $25,000 against Noah Opoku Gyamfi (Gyamfi) for operating an unauthorized radio station, known as “Unity Radio” (Station) on 103.9 MHz in Worcester, Massachusetts, on September 11, 2024, by which Gyamfi apparently willfully and knowingly did, caused, or suffered to be done pirate radio broadcasting. Operating an unauthorized, or pirate, radio station is illegal under the Communications Act of 1934, as amended (Communications Act or Act)1 and undermines the primary mission of the Federal Communications Commission (FCC or Commission) to manage radio spectrum. Such illegal operations can interfere with licensed communications, including authorized broadcasts and communications by public safety entities. Moreover, such illegal operations pose a danger to the public because they interfere with licensed stations that inform their listeners of important public safety messages, including Emergency Alert System transmissions that provide vital information regarding weather events and other dangers to the public. II. BACKGROUND A. Legal Framework 2. On January 24, 2020, Congress passed the Preventing Illegal Radio Abuse Through Enforcement Act (PIRATE Act), which was subsequently codified as section 511 of the Communications Act.2 Section 511 states that any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $2,000,000 and not more than $100,000 for each day during which such offense occurs.3 Both of these figures are subject to annual inflation adjustments.4 Section 511 defines pirate radio broadcasting as “the transmission of 1 47 U.S.C. § 511. 2 Preventing Illegal Radio Abuse Through Enforcement Act, Pub. L. 116-109, 134 Stat. 3 (2020) (codified at 47 U.S.C. § 511). 3 47 U.S.C. § 511(a)-(b). Prior to the passage of the PIRATE Act, the maximum monetary penalty for pirate radio transmissions was $151,005. See 47 CFR §1.80(b)(9)(ii) (2019); see also Acerome Jean Charles, Notice of Apparent Liability for Forfeiture, 34 FCC Rcd 12744 (2019) (proposing a penalty of $151,005), consent decree adopted, Order, 35 FCC Rcd 6878 (2020). In 2020, that maximum limit was increased to $2,000,000. See 47 U.S.C. § 511. 4 See 47 CFR 1.80(b)(6); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 25-5, 2025 WL 100529, *7 (EB Jan. 3, 2025); see also, Annual Adjustment (continued….) Federal Communications Commission DA 25-697 communications on spectrum frequencies between 535 and 1705 kilohertz, inclusive, or 87.7 and 108 megahertz, inclusive, without a license issued by the Commission , but does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.”5 Part 15, among other requirements, states that unlicensed operators in the FM band must not transmit over a certain low-power limit.6 B. Factual Background 1. Pre-PIRATE Act Investigation 3. Gyamfi has a history of unlicensed operation that precedes the PIRATE Act. On February 22, 2019, a field agent (Agent) from FCC’s Boston Field Office, using direction finding techniques, traced transmissions on 103.9 MHz to a commercial building located at 45 Fremont Street in Worcester, Massachusetts (First Transmission Site). The Agent took field strength measurements of the Station’s signal and determined that it exceeded the limits for unlicensed operation under part 15 of the Commission’s Rules.7 A search of FCC records showed no authorization on 103.9 MHz at or near the First Transmission Site. Further investigation revealed that the Station was advertising online as “Unity Radio 103.9 FM.”8 Agents searched for information related to Unity Radio and found that Gyamfi identified himself as the CEO of Unity Radio on social media platforms, including Gyamfi’s Twitter (now known as X) account.9 On April 18, 2019, the Enforcement Bureau issued a Notice of Unauthorized Operation (NOUO) to Gyamfi for operating a radio station on 103.9 MHz without a license at the First Transmission Site.10 The NOUO warned Gyamfi that he must cease operation of the Station immediately.11 Gyamfi did not respond to the NOUO. 2. PIRATE Act Investigation 4. On September 11, 2024, Agents from the FCC’s Boston and New York Field Offices, as part of the 2024 Boston pirate radio sweeps, discovered a pirate radio station operating on 103.9 MHz. Using direction finding techniques, the Agents traced the source of transmissions on 103.9 MHz to a commercial building at 60 Fremont Street in Worcester, Massachusetts (Second Transmission Site).12 The Agents matched the over-the-air broadcast of the Station to the online stream for Unity Radio.13 A review of Commission records revealed no authorization for any FM broadcast station to operate at or near the Second transmission Site on any frequency. of Civil Monetary Penalties to Reflect Inflation, 90 Fed. Reg. 3710 (Jan. 15, 2025) (setting January 15, 2025, as the effective date for the increases). 5 47 U.S.C. § 511(h). 6 47 CFR § 15.239(b) (stating that the field strength of any emissions in the 88-108 MHz band shall not exceed 250 microvolts/meter at 3 meters). 7 47 CFR § 15.239(b). 8 The Station’s website is no longer active, but can be viewed on the Internet Archive. Unity Radio 103.9 FM, The Internet Archive, https://web.archive.org/web/20190130055137/http://www.unityradionline.com/# (last visited Mar. 4, 2025). 9 See Noah Opoku Gyamfi (@oponational), X, https://x.com/oponational (last visited Mar. 4, 2024). Gyamfi’s X account includes his full name Noah Opoku Gyamfi. 10 See Noah Gyamfi, Notice of Unlicensed Operation, 2019 WL 2135922 (Apr. 18, 2019). 11 See id. at *1. 12 47 CFR § 15.239(b). 13 See September 11, 2024 video comparing over-the-air audio from the Station with the Station’s TuneIn Radio audio stream (on file in EB-FIELDNER-24-00036979). 2 Federal Communications Commission DA 25-697 5. Agents then conducted an on-site inspection of the Station. A person who identified himself both as “Frank” and as “Opo National” admitted Agents into the Second Transmission Site and accompanied them as they inspected the Station. At the Agents’ request, he powered down the transmitter. Although “Opo National” denied being the owner of the Station during the inspection, Gyamfi’s X (formerly known as Twitter) account and Facebook page both use his alias “Opo National” and state that he is the CEO of Unity Radio.14 Moreover, the Station’s Facebook page also includes a contact telephone number for the Station15 for which Gyamfi was identified in carrier records as the subscriber (i.e., the person to whom the number is assigned). III. DISCUSSION 6. We find that Gyamfi, in apparent violation of section 511 of the Act,16 willfully and knowingly did, caused, or suffered to be done pirate radio broadcasting through the operation of an unlicensed radio station on 103.9 MHz, known as “Unity Radio,” on September 11, 2024. On that date, Agents observed the Station operating at the Second Transmission Site.17 Agents performed field strength measurements on each of these dates and determined that these transmissions exceeded the limits for operation under part 15 of the Commission’s rules.18 A review of Commission records does not reveal an authorization for any FM broadcast station to operate at or near the Second Transmission Site at any time relevant to the violation discussed in this NAL. Evidence collected by the Agents demonstrates that Gyamfi is the operator of the Station.19 Gyamfi exercised control of the Station when he powered down the Station’s transmitter during the September 11, 2024 inspection. His Facebook page states that he is “CEO of Unity Radio,”20 and he is listed in carrier records as the subscriber for the Station’s contact phone number on its website. Accordingly, we find that Gyamfi’s actions on September 11, 2024, constituted pirate radio broadcasting in apparent violation of section 511 of the Act.21 7. Section 511 of the Act authorizes the Commission to impose a forfeiture against any person “who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting.”22 In exercising our forfeiture authority, we 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.”23 We may adjust a forfeiture downward for minor violations, good faith or voluntary disclosure, a history of overall compliance, or an inability to pay.24 14 See id.; See also Noah Opoku Gyamfi (@oponational), X, https://x.com/oponational (last visited Mar. 4, 2024) (listing his full name as Noah Opoku Gyamfi and his status as “CEO of Unity Radio”). 15 See Unity Radio, Facebook, https://www.facebook.com/URW2017 (last visited Mar. 12, 2025) 16 47 U.S.C. § 511. 17 See supra para. 4. 18 See id.; 47 CFR §§ 15.209(a), 15.239(b); see also 47 U.S.C. § 511(h) (stating that pirate radio broadcasting “does not include unlicensed operations in compliance with part 15 of title 47, Code of Federal Regulations.”). 19 See supra paras 4, 5. 20 See Opoku Gyamfi (Opo National ), Facebook, https://www.facebook.com/opoku.gyamfi.9862/about (last visited Feb 18, 2025). 21 47 U.S.C. § 511(a), (h). 22 Id. § 511(a). 23 47 CFR § 1.80(b)(11). 24 Id. 3 Federal Communications Commission DA 25-697 8. Section 511 of the Act and section 1.80 of the Commission’s rules authorize enhanced penalties for pirate radio broadcasting.25 Under these sections, any person who willfully and knowingly does or causes or suffers to be done any pirate radio broadcasting shall be subject to a fine of not more than $122,661 for each day during which the offense occurs, but not more than $2,453,218 in total.26 9. The primary intent of the PIRATE Act is to increase financial penalties for pirate radio broadcasting.27 Accordingly, in 2023 the Commission established a base forfeiture of $20,000 for pirate radio broadcasting,28 which is twice the pre-PIRATE Act base forfeiture level. Consequently, for Gyamfi’s apparent and willful and knowing violation of section 511 of the Act, we apply this base amount, for a total proposed base forfeiture of $20,000.29 10. Moreover, given the particular facts of this case, and consistent with the Forfeiture Policy Statement,30 we conclude that an upward adjustment is warranted. In exercising our forfeiture authority, we 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.”31 In 2019 Gyamfi was found operating an unauthorized pirate radio station and warned in writing that his operation of the Station was unlawful and was directed to stop, but he failed to do so.32 An upward adjustment is therefore warranted in light of Gyamfi’s history of unlicensed operation. Accordingly, we propose an upward adjustment of $5,000 for Gyamfi’s operation of the pirate radio station on September 11, 2024, for a total proposed penalty of $25,000. In applying the applicable statutory factors, we also consider whether there is any basis for a downward adjustment of the proposed forfeiture. Based on the facts of this case, we find none. After applying section 1.80 of the Commission’s rules and the statutory factors, and consistent with the Forfeiture Policy Statement, Gyamfi is apparently liable for a proposed total base forfeiture of $25,000.33 25 47 U.S.C. § 511; 47 CFR § 1.80(b)(6). 26 47 U.S.C. § 511(a)-(b); see 47 CFR § 1.80(b)(6) (setting the current inflation adjusted statutory maximum for a violation of 47 U.S.C. § 511(a) at $2,453,218 and 47 U.S.C. § 511(b) at $122,218); Amendment of Section 1.80(b) of the Commission’s Rules, Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, DA 25-5, 2025 WL 100529, *7 (EB Jan. 3, 2025); see also, Annual Adjustment of Civil Monetary Penalties to Reflect Inflation, 90 Fed. Reg. 3710 (Jan. 15, 2025) (setting January 15, 2025, as the effective date for the increases). 27 See S. Rep. No. 116-178, 1 (2019) (“The purpose of S. 1228, the Preventing Illegal Radio Abuse Through Enforcement Act or PIRATE Act, is to increase the financial penalties for pirate radio broadcasting.”). 28 The Commission first applied this base forfeiture amount in prior Notices of Apparent Liability for Forfeiture for pirate radio activities. See e.g., César Ayora and Luis Angel Ayora, Queens, New York, Notice of Apparent Liability for Forfeiture, 38 FCC Rcd 2562, 2569, para. 15 (2023), aff’d, Forfeiture Order, 38 FCC Rcd 9747 (2023); Thomas Barnes, La Grande, Oregon, Notice of Apparent Liability for Forfeiture, 38 FCC Rcd 2554, 2558, para. 12 (2023), aff’d, Forfeiture Order, 38 FCC Rcd 974 (2023). 29 See 47 U.S.C. § 511. 30 See 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, 17101, para. 27 (1997) (Forfeiture Policy Statement), recons. denied, Memorandum Opinion and Order, 15 FCC Rcd 303 (1999); 47 CFR § 1.80(b)(11). 31 47 U.S.C. § 503(b)(2)(E); 47 CFR § 1.80(b)(11). 32 See supra para. 3. 33 Any entity that is a “Small Business Concern” as defined in the Small Business Act (Pub. L. 85-536, as amended) may avail itself of rights set forth in that Act, including rights set forth in 15 U.S.C. § 657, “Oversight of Regulatory Enforcement,” in addition to other rights set forth herein. 4 Federal Communications Commission DA 25-697 IV. CONCLUSION 11. We have determined that Noah Opoku Gyamfi apparently willfully and knowingly did, caused, or suffered to be done pirate radio broadcasting in violation of section 511 of the Act on September 11, 2024. As such, Noah Opoku Gyamfi is apparently liable for a forfeiture of $25,000. V. ORDERING CLAUSES 12. Accordingly, IT IS ORDERED that, pursuant to section 511 of the Communications Act of 1934, as amended, 47 U.S.C. § 511, and section 1.80 of the Commission’s rules, 47 CFR § 1.80, Noah Opoku Gyamfi is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of twenty five thousand dollars ($25,000) for willful and knowing violation of section 511 of the Act, 47 U.S.C. § 511. 13. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the Commission’s rules, 47 CFR § 1.80, within thirty (30) calendar days of the release date of this Notice of Apparent Liability for Forfeiture, Noah Opoku Gyamfi 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 16. 14. In order for Gyamfi to pay the proposed forfeiture, he shall notify the Office of the Field Director at field@fcc.gov of his intent to pay, whereupon an invoice will be posted in the Commission’s Registration System (CORES) at https://apps.fcc.gov/cores/userLogin.do. Upon payment, Gyamfi shall send electronic notification of payment to the Office of the Field Director, Enforcement Bureau, Federal Communications Commission, at field@fcc.gov on the date said payment is made. Payment of the forfeiture must be made by credit card using CORES at https://apps.fcc.gov/cores/userLogin.do, ACH (Automated Clearing House) debit from a bank account, or by wire transfer from a bank account. The Commission no longer accepts Civil Penalty payments by check or money order. Below are instructions that payors should follow based on the form of payment selected:34 • Payment by wire transfer must be made to ABA Number 021030004, receiving bank TREAS/NYC, and Account Number 27000001. In the OBI field, enter the FRN(s) captioned above and the letters “FORF”. In addition, a completed Form 15935 or printed CORES form36 must be faxed to the Federal Communications Commission at 202-418-2843 or e-mailed to RROGWireFaxes@fcc.gov on the same business day the wire transfer is initiated. Failure to provide all required information in Form 159 or CORES may result in payment not being recognized as having been received. When completing FCC Form 159 or CORES, enter the Account Number in block number 23A (call sign/other ID), enter the letters “FORF” in block number 24A (payment type code), and enter in block number 11 the FRN(s) captioned above (Payor FRN).37 For additional detail and wire transfer instructions, go to https://www.fcc.gov/licensing-databases/fees/wire-transfer. • Payment by credit card must be made by using CORES at https://apps.fcc.gov/cores/user Login.do. To pay by credit card, log-in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” from the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the NAL Acct. No. The bill number is 34 For questions regarding payment procedures, please contact the Financial Operations Group Help Desk by phone at 1-877-480-3201 (option #6). 35 FCC Form 159 is accessible at https://www.fcc.gov/licensing-databases/fees/fcc-remittance-advice-form-159. 36 Information completed using the Commission’s Registration System (CORES) does not require the submission of an FCC Form 159. CORES is accessible at https://apps.fcc.gov/cores/userLogin.do. 37 Instructions for completing the form may be obtained at http://www.fcc.gov/Forms/Form159/159.pdf. 5 Federal Communications Commission DA 25-697 the NAL Acct. No. with the first two digits excluded (e.g., NAL 1912345678 would be associated with FCC Bill Number 12345678). After selecting the bill for payment, choose the “Pay by Credit Card” option. Please note that there is a $24,999.99 limit on credit card transactions. • Payment by ACH must be made by using CORES at https://apps.fcc.gov/cores/userLogin.do. To pay by ACH, log in using the FCC Username associated to the FRN captioned above. If payment must be split across FRNs, complete this process for each FRN. Next, select “Manage Existing FRNs | FRN Financial | Bills & Fees” on the CORES Menu, then select FRN Financial and the view/make payments option next to the FRN. Select the “Open Bills” tab and find the bill number associated with the NAL Acct. No. The bill number is the NAL Acct. No. with the first two digits excluded (e.g., NAL 1912345678 would be associated with FCC Bill Number 12345678). Finally, choose the “Pay from Bank Account” option. Please contact the appropriate financial institution to confirm the correct Routing Number and the correct account number from which payment will be made and verify with that financial institution that the designated account has authorization to accept ACH transactions. 15. Any request for making full payment over time under an installment plan should be sent to: Chief Financial Officer—Financial Operations, Federal Communications Commission, 45 L Street, N.E., Washington, D.C. 20554.38 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. 16. 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(g)(3) of the Commission’s rules.39 The written statement must be mailed to the Office of the Secretary, Federal Communications Commission, 45 L Street, N.E., Washington, D.C. 20554, ATTN: Enforcement Bureau – Office of the Field Director, and must include the NAL/Account Number referenced in the caption. The statement must also be e-mailed to the Office of the Field Director at field@fcc.gov. 17. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits the following documentation: (1) federal tax returns for the past three years; (2) financial statements for the past three years prepared according to generally accepted accounting practices; or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status.40 Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation. Inability to pay, however, is only one of several factors that the Commission will consider in determining the appropriate forfeiture, and we retain the discretion to decline reducing or canceling the forfeiture if other prongs of 47 U.S.C. § 503(b)(2)(E) support that result.41 38 See 47 CFR § 1.1914. 39 Id. §§ 1.16, 1.80(g)(3). 40 47 U.S.C. § 503(b)(2)(E). 41 See, e.g., Ocean Adrian Hinson, Surry County, North Carolina, Forfeiture Order, 34 FCC Rcd 7619, 7621, para. 9 & n.21 (2019); Vearl Pennington and Michael Williamson, Forfeiture Order, 34 FCC Rcd 770, paras. 18-21 (2019); Fabrice Polynice, Harold Sido and Veronise Sido, North Miami, Florida, Forfeiture Order, 33 FCC Rcd 6852, 6860-62, paras. 21-25 (2018); Adrian Abramovich, Marketing Strategy Leaders, Inc., and Marketing Leaders, Inc., Forfeiture Order, 33 FCC Rcd 4663, 4678-79, paras. 44-45 (2018); Purple Communications, Inc., Forfeiture Order, 30 FCC Rcd 14892, 14903-04, paras. 32-33 (2015); TV Max, Inc., et al., Forfeiture Order, 29 FCC Rcd 8648, 8661, para. 25 (2014). 6 Federal Communications Commission DA 25-697 18. 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 Noah Opoku Gyamfi at {[ ]} Brookside Ave., Apt 17, Worcester, MA 01602.42 FEDERAL COMMUNICATIONS COMMISSION Patrick Webre Acting Chief Enforcement Bureau 42 Material set off by double brackets {[ ]} is confidential and is redacted from the public version of this document. 7