Click here for Adobe Acrobat version
Click here for Microsoft Word version
This document was converted from Microsoft Word.
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
Microsoft Word or Adobe Acrobat version.
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Ian R Walker ) File
458 Arlington Road ) Number EB-02-TP-463
Jacksonville, Florida 34112 ) NAL/Acct.No.200332700006
) RN : 0007767973
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find that Ian R Walker willfully
violated Section 301 of the Communications Act of 1934, as
amended (``Act'').1 On August 8, 2002, Mr. Ian R Walker
operated a radio station on the frequency 95.5 MHz. without
Commission authorization. We conclude that Ian R Walker is
apparently liable for forfeiture in the amount of ten
thousand dollars ($10,000).
2. On August 8, 2002, while in Jacksonville, Florida,
agents from the Commission's Tampa Field Office observed FM
radio broadcasts on the frequency 95.5 MHz. Commission
records showed no authorization for this operation in
Jacksonville, Florida. Using electronic direction finding
techniques, the agents positively identified the source of
the transmissions to be emanating from the residence located
at 458 Arlington Road, Jacksonville, Florida. The agents
observed an antenna mounted in a tree on the side of the
residence. Based on field strength measurements taken by
the agents of the station's signal, this station required a
license to operate.2
3. Still on August 8, 2002, the agents interviewed
Ian R. Walker, the occupant of the residence at 458
Arlington Road, Jacksonville, Florida. Mr. Walker admitted
that he had been operating the unlicensed station and owned
the equipment located at the residence. Mr. Walker stated
that he had no FCC authorization to operate the equipment.
The agents inspected the unlicensed radio station at the
residence and found, among other equipment, an FM
transmitter and associated studio equipment.
4. Section 301 of the Act sets forth generally that
no person shall use or operate any apparatus for the
transmission of energy of communications or signals by radio
within the United States except under and in accordance with
the Act and with a license. On August 8, 2002, Ian R Walker
operated radio transmitting equipment on the frequency 95.5
MHz without benefit of the required Commission
5. Based on the evidence before us, we find that on
August 8, 2002, Ian R Walker willfully3 violated Section 301
of the Act by operating radio transmission apparatus without
6. Pursuant to Section 1.80(b)(4) of the Commission's
Rules, the base forfeiture amount for the violation(s) cited
in this notice is $10,000.4 Section 503(b)(2)(D) of the Act,
requires us to 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.''5 Considering the entire
record and applying the statutory factors listed above, this
case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act6 and Sections 0.111, 0.311 and
1.80 of the Commission's Rules,7 Ian R Walker is hereby
NOTIFIED of his APPARENT LIABILITY FOR A FORFEITURE in the
amount of ten thousand dollars ($10,000) for willful
violation of Section 301 of the Communications Act of 1934,
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Commission's Rules, within thirty days of the
release date of this NAL, Ian R Walker SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
9. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the
Federal Communications Commission, to the Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment must include the FRN and NAL/Acct. No.
referenced in the letterhead above. Requests for payment of
the full amount of this NAL under an installment plan should
be sent to: Federal Communications Commission, Chief,
Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.8
10. The response, if any, must be mailed to Federal
Communications Commission, Office of the Secretary, 445 12th
Street, SW, Washington, DC 20554, Attn: Enforcement Bureau-
Technical & Public Safety Division, and MUST INCLUDE THE
NAL/Acct. No. and FRN referenced in the letterhead above.
11. 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 (``GAAP''); 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
12. Under the Small Business Paperwork Relief Act of
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the
FCC is engaged in a two-year tracking process regarding the
size of entities involved in forfeitures. If you qualify as
a small entity and if you wish to be treated as a small
entity for tracking purposes, please so certify to us within
thirty (30) days of this NAL, either in your response to the
NAL or in a separate filing to be sent to the Technical &
Public Safety Division. Your certification should indicate
whether you, including your parent entity and its
subsidiaries, meet one of the definitions set forth in the
list provided by the FCC's Office of Communications Business
Opportunities (OCBO) set forth in Attachment A of this
Notice of Apparent Liability. This information will be used
for tracking purposes only. Your response or failure to
respond to this question will have no effect on your rights
and responsibilities pursuant to Section 503(b) of the
Communications Act. If you have questions regarding any of
the information contained in Attachment A, please contact
OCBO at (202) 418-0990.
13. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Ian R Walker at 458 Arlington Road,
Jacksonville, Florida 34112.
Ralph M. Barlow
District Director, Enforcement
1 47 U.S.C. § 301.
2 See 47 C.F.R. § 15.239(b).
3 47 U.S.C. § 312(f)(1), which applies equally to Section
503(b) of the Act, provides that ``[t]he term `willful,'
when used with reference to the commission or omission of
any act, means the conscious and deliberate commission or
omission of such act, irrespective of any intent to violate
any provision of this Act ....'' See Southern California
Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R. § 1.80(b)(4).
5 47 U.S.C. § 503(b)(2)(D).
6 47 U.S.C. § 503(b).
7 47 C.F.R. §§ 0.111, 0.311, 1.80.
8 See 47 C.F.R. § 1.1914.