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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Manuel M. Vázquez ) File Number EB-02-TP-234
Naples, Florida ) NAL/Acct.No.200232700015
) FRN# 0007-3021-69
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 25, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Manuel M. Vázquez willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended
(``Act''),1 by operating a radio station on the frequency 103.3
MHz without Commission authorization. We conclude that Manuel M.
Vázquez is apparently liable for forfeiture in the amount of ten
thousand dollars ($10,000).
2. On April 19, 2002, while investigating complaints of
unlicensed broadcast activity in the Naples, Florida area, agents
from the Commission's Tampa Field Office detected an FM radio
station on the frequency 103.3 MHz. Using electronic direction
finding techniques, the agents traced the signals on 103.3 MHz to
a commercial building located at 2408 Linwood Avenue, Naples,
Florida. The agents observed an antenna on the building and
transmission cable connected to the antenna on one end and
entering the building's wall into Suite F. Standing outside
Suite F, the agents heard music and voices that matched exactly
the programming simultaneously broadcast by the station on 103.3
MHz. Based on field strength measurements taken by the agents of
the station's signal, this station required a license to operate.
FCC records showed no license issued for operation of an FM radio
station on this frequency in or near Naples, Florida. While
still at the building at 2408 Linwood Avenue, the agents
interviewed a man who refused to identify himself, but stated
that he was an operator of the radio station. The agents hand
delivered to the man 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
the man to terminate the unlicensed operation. The man stated
that his station would continue to operate until either other
unlicensed radio stations were shut down or the radio station
equipment was seized by the police. The agents later spoke to
the building owner who visually identified the man claiming to be
the operator of the radio station as Manuel M. Vázquez. The
building owner also stated that Manuel M. Vázquez leased the
space in Suite F. The radio station on 103.3 MHz continued to
broadcast as the agents left the area.
3. On April 20, 2002, agents from the Commission's Tampa
Field Office again detected an FM radio station on the frequency
103.3 MHz. Using electronic direction finding techniques, the
agents traced the signals on 103.3 MHz to the same commercial
building located at 2408 Linwood Avenue, Naples, Florida. While
at that location, the same man interviewed the day before who
admitted to operating the station and who was identified by the
building manager as Manuel M. Vázquez, arrived. The agents again
interviewed Mr. Vázquez and warned him about the unlicensed radio
operation. The radio station on 103.3 MHz continued to transmit,
except with no audio, as the agents left the area.
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 April 19 and 20, 2002, Manuel M. Vázquez operated
radio transmission equipment on the frequency 103.3 MHz without
benefit of the required Commission license.
5. Based on the evidence before us, we find that on April
19 and April 20, 2002, Manuel M. Vázquez willfully1 and
repeatedly2 violated Section 301 of the Act by operating radio
transmission apparatus without a license.
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 $10,000.3 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.''4 Considering the entire record and applying the
statutory factors listed above, this case warrants a $10,000
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended,5 and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Manuel
M. Vázquez 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.
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 NOTICE OF APPARENT LIABILITY, Manuel M. Vázquez SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
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.
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. 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,
13. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by regular mail and Certified
Mail Return Receipt Requested to Manuel M. Vázquez, 1933
Piccadilly Circus, Naples, Florida 34112-3688.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Enforcement
1 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
2 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.''
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503 (b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R.§ 1.1914.