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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Odino Joseph ) File Number EB-02-TP-300
c/o Noah's Ark Baptist Church ) NAL/Acct.No. 200232700020
576 11th Street North ) FRN No.0007-3087-3
Naples, Florida 34102 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 5, 2002
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture
(``NAL''), we find Odino Joseph apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000) for
willful violation of Section 301 of the Communications Act of
1934, as amended (``Act'').1 Specifically, we find Odino Joseph
apparently liable for operating a radio station without
2. On April 22, 2002, the FCC's Tampa Field Office
(``Tampa Office'') received a complaint from a Naples, Florida
broadcaster regarding an unlicensed FM radio station operating on
the frequency 104.3 MHz in the Naples area.
3. On May 14, 2002, two agents from the Tampa Office drove
to the Naples, Florida area to investigate the complaint of
unlicensed operation on 104.3 MHz. As the agents approached the
Naples area they detected an FM radio station operating on 104.3
MHz. Using electronic direction finding techniques, the agents
positively identified the source of the transmissions to be an
antenna mounted on a tower attached to the back of Suite # 530 in
a strip mall located at 11th Street North, Naples, Florida. The
agents determined that the station exceeded the permissible level
for a non-licensed low-power radio transmitter by 31,953 times.
Accordingly, a license was required for operation of this
station. FCC records show no license has been issued for the
operation of an FM broadcast station at this location. Thus the
station operated in violation of 47 U.S.C. § 301. The agents
approached Suite # 530 and interviewed a man near the suite.
This man stated that he subleased Suite # 530 along with a
``Pastor Odino'' but that it was ``Pastor Odino'' who operated
the radio station. This man identified to the agents the
location of the radio station behind locked doors inside Suite #
530. Inside Suite # 530, the agents found a handwritten note
with the words ``Pasteur Odino'' and a telephone number. The
agents observed a van parked in front of the strip mall. On the
van were signs with the words ``Noah's Ark Baptist Church'' along
with an address that identified the location of the church as
another suite in the same strip mall. The signs also listed a
telephone number and the name ``Pastor Odino Joseph'' as the
church's pastor. The agents contacted Pastor Odino Joseph at the
phone number found during the investigation. During this call,
Mr. Joseph admitted to the operation of the unlicensed radio
station on 104.3 MHz and promised to cease operation until a
license could be obtained.
4. Section 301 of the Act requires 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 May 14, 2002, Odino Joseph operated a radio station on the
frequency 104.3 MHz from 530 11th Street North, Naples, Florida,
without benefit of the required Commission authorization.
5. Based on the evidence before us, we find Odino Joseph
willfully2 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 operating radio
transmission apparatus without a license is $10,000.3 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.''4
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 Act5 and Sections 0.111, 0.311 and 1.80 of the
Rules,6 Odino Joseph is hereby NOTIFIED of this 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, as amended, for operating radio
transmitting apparatus without a license.
8. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Rules, within thirty days of the release date of this NAL,
Odino Joseph 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. 20554.7
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 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. IT IS
FURTHER ORDERED THAT a copy of this NAL shall be sent by regular
mail and Certified Mail Return Receipt Requested to Odino Joseph
at 576 11th Street North, Naples, Florida 34102.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office
1 47 U.S.C. § 301.
2 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).
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.