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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )     File Number EB-02-TP-334
                                                            )
Assondieu Fortune                  )    NAL/Acct. No.200332700007
4073 Coconut Circle North          )
Naples, Florida                    )               FRN 0007879570


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                      Released: November 18, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find Assondieu  Fortune  apparently liable  for  a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful  and   repeated  violation   of   Section  301   of   the 
Communications Act of 1934, as amended (``Act'').1  Specifically, 
we find Assondieu Fortune apparently liable for the operation  of 
an FM  broadcast  station  on the  frequency  105.9  MHz  without 
Commission authorization.

                         II.  BACKGROUND

     2.   On July  2, 2002,  the FCC  Enforcement Bureau's  Tampa 
Field Office  (``Tampa Office'')  received a  complaint  alleging 
that a pirate radio station  was being operated from a  residence 
located at  4073 Coconut  Circle North  in Naples,  Florida.  The 
Collier County, Florida Appraisal District lists the owner of the 
property at 4073  Coconut Circle  North, Naples,  Florida, to  be 
Assondieu and Marie M. Fortune.

     3.   On  July  16,  2002,  agents  from  the  Tampa   Office 
investigated   the   complaint   and,   using   direction-finding 
techniques,  determined  that  a   radio  broadcast  station   on 
frequency 105.9 MHz was being  operated from a residence  located 
at 4073 Coconut Circle  North in Naples,  Florida.  A two-bay  FM 
broadcast-type antenna was mounted on  a tower at the  residence.  
Based on field strength measurements  taken by the agents of  the 
station's signal,  a  Commission authorization  was  required  to 
operate the  station.2  The  agents  inspected  the  station  and 
interviewed the operator on duty.  The property owner,  Assondieu 
Fortune, was not present during  the inspection but he met  later 
with the agents for  an interview.  Mr.  Fortune stated that  the 
station had operated continuously from his residence for at least 
the past three months.   Mr. Fortune stated  that his wife  Marie 
operated the station during the morning and afternoon shows,  and 
that he himself also operated the station.

                        III.  DISCUSSION

     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  July 16,  2002,  Assondieu Fortune  operated  radio 
transmitting equipment on the frequency 105.9 MHz without benefit 
of the required Commission authorization.  In addition, based  on 
his own admission and a citizen complaint, Assondieu Fortune  had 
been operating the unlicensed station  for at least three  months 
prior to that date.

     5.   Based on the evidence before  us, we find that on  July 
16, 2002,  and for  at least  three months  prior to  this  date, 
Assondieu Fortune repeatedly3 and willfully4 violated Section 301 
of the Act  by operating radio  transmission apparatus without  a 
license.

     6.   Pursuant to Section 1.80(b)(4) of the Rules,5 the  base 
forfeiture  amount  for  operating  a  radio  station  without  a 
Commission authorization is $10,000.   In assessing the  monetary 
forfeiture amount, we must also  take into account the  statutory 
factors set  forth  in Section  503(b)(2)(D)  of the  Act,  which 
include 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.6   Considering  the 
entire record and  applying the 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  Act,7 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,8 Assondieu  Fortune is  hereby NOTIFIED  of this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000) for willful and repeated  violation of Section 301  the 
Act   by   operating   a   radio   station   without   Commission 
authorization.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Assondieu Fortune  SHALL  PAY the  full  amount of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     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 should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.9

     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. referenced 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 
submitted.

     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 Assondieu Fortune, 4073 Coconut Circle North, Naples,  Florida 
34104. 
                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         Tampa Field Office, Enforcement Bureau


Attachment
_________________________

1 47 U.S.C.  301.

2 See 47 C.F.R.  15.239(b).

3 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that  
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.'' 

4 Section 312(f)(1) of the Act, 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).

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.