******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Andre Dominique Hunter ) 421 N.W. 201 Avenue ) NAL/Acct. No. 915TP0001 Pembroke Pines, Florida 33029 ) ) ) ) FORFEITURE ORDER Adopted: March 9, 1999 Released: March 15, 1999 By the Director, Legal Services Group, Compliance and Information Bureau: 1. Before the Compliance and Information Bureau ("the Bureau") is a Notice of Apparent Liability ("NAL"), issued on October 1, 1998, to Andre Dominique Hunter, and the two responses thereto filed on his behalf by his mother, Mary Hunter, received on October 23, 1998. The NAL proposed imposition of a forfeiture against Mr. Hunter in the amount of $6,000 pursuant to 47 U.S.C.  503(b) and 47 C.F.R.  1.80, for the willful violation of 47 U.S.C.  301. For the reasons stated below, we affirm the monetary forfeiture issued in the amount of $6,000. BACKGROUND 2. On September 24, 1998, agents from the Bureau's Tampa, Florida, Field Office detected a radio station operating on the frequency of 87.9 MHz in Tampa, Florida. The agents knew that it was likely that the radio station that they heard operating on 87.9 MHz was an unlicensed station because radio stations are generally not eligible for licenses or permitted to operate on the frequency of 87.9 MHz. See 47 C.F.R.  15.231. The authorized FM radio band covers the frequencies from 88 MHz to 108 MHz. See 47 C.F.R.  73.201. 3. The agents used close-in direction finding techniques to locate the source of the transmissions. They determined that the radio station was located in a dormitory residence, MU Hall, on the campus of the University of South Florida in Tampa, Florida. The agents determined that the antenna for the station must be inside the building because there was no visible antenna on the outside of the building. The agents took field strength measurements from the parking lot adjacent to MU Hall. The recorded field strength of the transmissions was 53,000 V/m (microvolts per meter) at sixty feet from the station. The agents entered the building with a field strength meter and determined that the source of the transmissions was from a door to the suite for rooms 325 & 327. There was no answer to a knock on the door, so a member of the University's security force unlocked the suite for the agents. In the common area between rooms 325 and 327 was what appeared to be an illegal transmitter and an antenna. The agents traced the antenna cable into room 325 of MU Hall. While the FCC agents were inspecting the equipment a student arrived who identified himself as Andre Dominique Hunter. Mr. Hunter admitted to owning the equipment and to operating the unlicensed broadcast station. He was unable to produce a license for his radio station. The agents informed Mr. Hunter that his unlicensed operation was a violation of 47 U.S.C.  301, which prohibits operation of a radio broadcast station without a license. In light of the violation, the agents warned Mr. Hunter of the possible enforcement sanctions for his unlicensed operation, such as assessing a monetary forfeiture, and offered him the option to voluntarily surrender the illegal equipment. In response, Mr. Hunter stated that he would prefer to pay a monetary fine from the FCC rather than voluntarily surrender the illegal equipment. On October 10, 1998, the District Director of the Bureau's Tampa Office issued the subject NAL to Mr. Hunter in the amount of $6,000 for the willful violation of 47 U.S.C.  301. DISCUSSION 4. In the two written responses to the NAL, Mr. Hunter seeks mitigation or cancellation of the monetary forfeiture. In support of his request, Mrs. Hunter states that her son, is an unemployed full-time student, and is therefore unable to pay the forfeiture. 5. The Bureau's Tampa Office issued the forfeiture pursuant to 47 U.S.C.  503 and 47 C.F.R.  1.80. Although the base amount forfeiture for this type of violation is $11,000, in assessing the forfeiture amount, the Tampa Office, following the forfeiture standards established in 47 U.S.C.  503 and The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate Guidelines, 12 FCC Rcd 17087 (1997) ("Policy Statement"), recon. pending, concluded that a monetary forfeiture in the amount of $6,000 would be warranted. In reviewing the responses to the NAL, 47 U.S.C.  503(b) requires that we 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. See 47 U.S.C.  503(b)(2)(D). 6. Applying the Policy Statement and the statutory factors to the instant case, we are not convinced that mitigation or cancellation of the forfeiture amount is warranted. Specifically, Mr. Hunter's admission during the inspection and his response to the NAL clearly demonstrate that Mr. Hunter's violation of 47 U.S.C.  301 was willful, as his operation of the unlicensed radio station was not caused by accident or mistake. Furthermore, in response to the option offered by the agents to voluntarily surrender the illegal equipment, Mr. Hunter stated that he would prefer to pay a fine from the FCC rather than voluntarily surrender the illegal equipment. With respect to Mr. Hunter's claim that he is unable to pay the forfeiture amount, the Commission requires such claims to be supported by financial statements prepared in accordance with generally accepted accounting principles for the most recent three years or other reliable and objective documentation that accurately reflects the claimant's current financial status. See generally, PJB Communications of Virginia, Inc., 7 FCC Rcd 2088 (1992). In cases involving individuals, financial documentation other than financial statements is often submitted such as copies of filed tax forms or other objective information. See Ellwood Beach Broadcasting, Ltd., 8 FCC Rcd 453, 454 (1993) (respondent's failure to submit any financial documents or other evidence deemed insufficient showing of inability to pay); Liability of Macau Traders, Inc., 13 FCC Rcd 228, 233 (MMB 1998) (no reduction of forfeiture warranted due to undue financial hardship where violator provided no documentary evidence upon which to evaluate its financial condition or ability to pay). No financial documentation to support Mr. Hunter's claim of inability to pay has been provided, therefore, we do not find that mitigation of the forfeiture amount is warranted at this time. In light of the above, the appropriate amount for the violation is $6,000. 7. ACCORDINGLY, IT IS ORDERED that, pursuant to 47 U.S.C.  503(b) and 47 C.F.R.  1.80, Andre Dominique Hunter IS LIABLE FOR A MONETARY FORFEITURE in the amount of $6,000 for willful violation of 47 U.S.C.  301. 8. IT IS FURTHER ORDERED that, pursuant to 47 C.F.R.  1.80(f), Andre Dominique Hunter shall, within thirty (30) days of the release of this Forfeiture Order, pay the amount of $6,000. Payment of the forfeiture shall be made in U.S. dollars by check, money order or credit card, drawn on a U.S. financial institution, with the appropriate documentation, made payable to the Federal Communications Commission. The remittance should be marked NAL/Acct. No. 915TP0001, and mailed to the following address: Federal Communications Commission Post Office Box 73482 Chicago, IL 60673-7482 Petitions for reconsideration pursuant to 47 C.F.R.  1.106, or applications for review pursuant to 47 C.F.R.  1.115, should be sent to: Office of the Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 ATTN: Mail Stop 1500E3-DLH Compliance and Information Bureau Forfeiture penalties not paid within 30 days will be referred to the U.S. Attorney for recovery in a civil suit. 47 U.S.C.  504(a). 9. IT IS FURTHER ORDERED that, a copy of this Order shall be sent certified mail, return receipt requested, to Andre Dominique Hunter at 421 N.W. 201 Avenue, Pembroke Pines, Florida 33029. FEDERAL COMMUNICATIONS COMMISSION Ricardo M. Durham Director, Legal Services Group Compliance Division Compliance and Information Bureau