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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Richard Muņoz ) File Number EB-02-TP-114
2132 Shadowlawn Drive )
Naples, Florida 34112 ) NAL/Acct.No.200232700011
) FRN 0007-0496-61
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 5, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Richard Muņoz willfully and repeatedly violated Section
301 of the Communications Act of 1934, as amended (``Act'').1 On
April 20 and May 14, 2002, Richard Muņoz operated a radio station
on 105.1 MHz without Commission authorization. We conclude that
Richard Muņoz is apparently liable for forfeiture in the amount
of ten thousand dollars ($10,000).
2. On April 20, 2002, agents from the Commission's Tampa
Field Office investigated a complaint of an alleged unlicensed
radio station operating on the frequency 105.1 MHz in the Naples,
Florida area. The agents detected an FM radio station operating
on 105.1 MHz. Using direction finding techniques, the agents
traced the signal on 105.1 MHz to a church located at 2132
Shadowlawn Drive, Naples, Florida. Based on field strength
measurements taken by the agents of the station's signal, this
station required a license to operate. Immediately thereafter,
the agents inspected the radio station inside the church and
found studio and transmitting equipment in operation. The agents
interviewed several witnesses who provided information that Mr.
Muņoz operated the radio station. The agents were provided a
business card with Mr. Muņoz' name and the name of his ministry,
``Ministerio Mision Posible.'' A brochure found in the church
promoted a radio program called ``Mision Posible 105.1 FM.'' The
agents interviewed Mr. Muņoz who admitted responsibility for the
station's operation and to owning the radio station equipment.
The agents hand delivered to Mr. Muņoz a warning letter for
unlicensed radio operation that advised that unlicensed operation
violated Section 301 of the Act, listed the penalties for
violation, and directed Mr. Muņoz to terminate the unlicensed
operation. Mr. Muņoz then directed another person to deactivate
3. On April 30, 2002, the Tampa Field Office received a
complaint from a Naples, Florida area broadcast station. The
complaint stated that an unlicensed radio station operated on
105.1 MHz from the ``Tree of Life Church'' at 2132 Shadowlawn
Drive, Naples, Florida, and that the unlicensed station
interfered with the reception of authorized FM broadcasts.
4. On May 14, 2002, agents from the Tampa Field Office
again detected an FM radio signal on the frequency 105.1 MHz in
Naples, Florida, and traced the signal to the church at 2132
Shadowlawn Drive, Naples, Florida. This is the same location as
the unlicensed station operating on 105.1 MHz on April 20, 2002.
Based on field strength measurements taken by the agents of the
station's signal, this station required a license to operate.
5. On May 24, 2002, the Tampa Field Office received a
letter from Andrew DeLong, Head Pastor of the Tree of Life Church
at 2132 Shadowlawn Drive, Naples, Florida. In the letter, Mr.
DeLong identified Richard Muņoz as the Pastor of the "Mision
Posible'' ministry and operator of the radio station, and stated
that Mr. Muņoz leased space for the radio station from the
6. 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 April 20 and May 14, 2002, Richard Muņoz operated
radio transmission equipment on the frequency 105.1 MHz without
benefit of a license required for such operation.
7. Based on the evidence before us, we find that, on April
20 and May 14, 2002, Richard Muņoz willfully2 and repeatedly3
violated Section 301 of the Act by operating radio transmission
apparatus without a license.
8. 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 Mr. Muņoz' unlicensed operation continued after
verbal and written warnings to terminate such operation.
Considering the entire record and applying the statutory factors
listed above, this case warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
9. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Act,6 and Sections 0.111, 0.311 and 1.80 of the
Commission's Rules,7 Richard Muņoz is hereby NOTIFIED of his
APPARENT LIABILITY 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.
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules, within thirty days of the release date of
this NOTICE OF APPARENT LIABILITY, Richard Muņoz SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
11. 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.
12. 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.
13. 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
14. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Federal Communications Commission, Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
15. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Richard Muņoz at 2132 Shadowlawn Drive Naples,
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Enforcement
1 47 U.S.C. § 301.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies to violations for which forfeitures are assessed under
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).
3 The term ``repeated'' means the commission or omission of an
act more than once or, if such commission or omission is
continuous, for more than one day. 47 U.S.C. § 312(f)(2).
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.
8See 47 C.F.R.§ 1.1914