ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

SAMUEL CONTI, United States District Judge

I. INTRODUCTION

Plaintiff Universal Sports Network has moved for default judgment against Defendant Francisco Javier Jimenez. Defendant is the owner of a taqueria that Plaintiff alleges illegally pirated Plaintiff's broadcast of a 1999 America's Cup soccer match. This court grants Plaintiff's motion, awards statutory damages of $1,000, and will award reasonable attorney fees and costs following a motion pursuant to Local Rule 54-5(a).

II. BACKGROUND

On July 1, 1999, Plaintiff's investigator entered Defendant's taqueria and observed a television showing an America's Cup soccer match between Uruguay and Colombia. According to the investigator, approximately twenty-one patrons were watching the match. Plaintiff was broadcasting the match and alleges that defendant could only have intercepted the broadcast intentionally. Plaintiff does not allege that Defendant charged admission to viewers or in any way promoted its showing of the match. Plaintiff now seeks $170,000 in statutory damages.

III. LEGAL STANDARD

Under 47 U.S.C. § 605(a), a person is prohibited from distributing a radio or television broadcast outside of authorized channels, and is prohibited from intercepting television broadcasts. If a plaintiff proves a violation of § 605(a), a court may award compensatory damages, or, if the plaintiff requests, between $1,000 and $10,000 in statutory damages. If the violation is committed "willfully and for purposes of direct or indirect commercial advantage or private financial gain," the damages may be increased by up to $100,000. The amount of these awards is determined at the court's discretion, but the court must award reasonable attorneys fees and costs.

Under 57 U.S.C. § 553, a person is prohibited from unauthorized reception of cable service. Not surprisingly, violations of § 553 and § 605(a) often go hand in hand. Although § 553 has separate damages provisions, courts in this district have refused to award cumulative damages when the same act violates both sections. Kingvision Pay-Per-View v. Rivers, 2000 WL 356378, *3 (N.D. Cal. 2000); Kingvision Pay-Per-View v. Backman, 102 F. Supp.2d 1196, 1197 n. 1 (N.D. Cal. 2000)

Courts in this district have considered several cases involving pirating of closed-circuit sports broadcasts and, absent a showing of egregious wrongdoing, generally have awarded damages at or slightly over the statutory minimum. E.g. Kingvision Pay-Per-View, Ltd. v. Chavez, 2000 WL 1847644 (N.D. Cal. 2000); Joe Hand Promotions, Inc. v. Pete, No. C-99-0531-VRW (N.D. Cal. 1999); Entertainment by JJ Inc. v. Perez, 2000 WL 890819 (N.D. Cal. 2000); Rivers, 2000 WL 356368; Backman, 102 F. Supp.2d 1196. The courts typically have evaluated the extent to which the plaintiff demonstrated the defendant's intent to use the broadcast to realize personal gain, whether the acts of piracy were repeated, and the extent of the rebroadcast. Where events were broadcast on a single occasion to a small audience, and the plaintiff produces little or no evidence of financial gain, courts typically have awarded only the $1,000 statutory minimum. Chavez, 2000 WL 1847644 at *3 (awarding $6,000 for a showing for which defendants had charged cover and $1,000 for a second showing at which they had not); Perez, 2000 WL 890819 at *3 (awarding $1,000); Rivers, 2000 WL 356368 at *3 (awarding $1,000); cf. Pete, No. C-99-0531-VRW at *3 (awarding an additional $5,000 where plaintiffs testified that defendants would have been required to pay $1,000 to legally broadcast the fight).

IV. DISCUSSION

Plaintiff has alleged, and defendant has not contested, a violation of 47 U.S.C. § 605(a), and thus liability is established. Plaintiff has not alleged, however, sufficient facts to support the enhancement of damages. Plaintiff does not allege repeated violations, does not claim that Defendant advertised or charged cover for the showing of the match, and offers only conclusory statements in support of its contentions that defendant realized personal gain from the match and that Plaintiff suffered great economic harm. Moreover, Plaintiff alleges that the match was shown only to twenty-one patrons.

Under similar circumstances, other courts have awarded only the statutory minimum amount of damages, and this court will do the same.

V. CONCLUSION

For the foregoing reasons, Plaintiff will receive $1,000 plus reasonable fees and costs.