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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Richard I. Rowland
) File No. EB-00-TP-377
) NAL/Acct. No.: 20013270-0001
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 12, 2000
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for Forfeiture, we
find that Richard I. Rowland apparently violated Section 301 of
the Communications Act of 1934 (``Act''), as amended,1 by
operating a broadcast radio station without a license issued by
the Federal Communications Commission. We conclude that Richard
I. Rowland is apparently liable for a forfeiture in the amount of
ten thousand dollars ($10,000).
2. On May 15, 2000, the Commission's Tampa District Office
received a complaint from a resident in the Winter Springs,
Florida area, asserting that a radio station was operating on the
unauthorized frequency of 97.1 MHz.
3. On June 13, 2000, agents from the Commission's Tampa
Office observed radio transmissions on 97.1 MHz. The agents
determined that the source of the transmissions was a ground
plane antenna mounted on a pole next to a recreational vehicle
(RV) parked inside the premises of Mr. Richard I. Rowland's
residence located at 445 E. Martin Avenue, Longwood, FL.
4. On June 15, 2000, the Commission's Tampa Office issued
to a warning letter to Mr. Rowland for operation of a radio
station in violation of Section 301of the Act. On a letter dated
June 20, 2000, Mr. Rowland responded to the warning letter issued
by the Tampa Office. In his response Mr. Rowland questioned the
legal authority of the United States Code. The Tampa Office
responded to this letter advising Mr. Rowland again that he was
in violation and must discontinue the operation immediately.
5. On September 13, 2000, agents from the Commission's
Tampa Office observed radio transmissions on 97.1 MHz. The
agents again determined that the source of the transmissions was
a ground plane antenna mounted on a pole next to a recreational
vehicle ( RV) parked inside the premises of Mr. Richard I.
Rowland's residence located at 445 E. Martin Avenue, Longwood,
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
7. Based on the evidence before us, we find that on June
13, and September 13, 2000, Richard I. Rowland operated radio
transmission apparatus without a Commission authorization in
repeated3 and willfull4 violation of Section 301 of the Act.
8. Pursuant to The Commission's Forfeiture Policy
Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines (``Forfeiture Policy
Statement''), the base forfeiture amounts are $10,000 for
unlicensed operation.5 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(s),
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 Applying the Forfeiture Policy Statement
and statutory factors to the instant case, a $10,000 forfeiture
IV. ORDERING CLAUSES
9. 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
Commission's Rules,8 Richard I. Rowland is hereby NOTIFIED of his
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand
dollars ($10,000) for violating Section 301 of the Act.9
10. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of
the Commission's Rules,10 within thirty days of the release date
of this NOTICE OF APPARENT LIABILITY, Richard I. Rowland SHALL
PAY the full amount of the proposed forfeiture or SHALL FILE a
written statement seeking reduction or cancellation of the
11. Payment of the forfeiture may be made by credit card
through the Commission's Credit and Debt Management Center at
(202) 418-1995 or 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. 20013270-
12. The response if any must be mailed to Office of the
Secretary, Federal Communications Commission, 445 12th Street,
S.W., Washington, D.C. 20554, ATTN: Enforcement Bureau - TPSD,
NAL/Acct. No. 20013270-0001, and must include the NAL/Acct. No.
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; 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.
14. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Credit and Debt Management Center, 445 12th Street,
S.W., Washington, D.C. 20554.11
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 I. Rowland at 445 E. Marvin Avenue,
Longwood, FL 32750.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director, Tampa Office,
1 47 U.S.C. § 301.
2 47 U.S.C. § 301
3 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which
applies 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 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 12 FCC Rcd 17087 (1997), recon. denied, FCC 99?407 (rel.
December 28, 1999).
6 47 U.S.C. § 503(b)(2)(D). See also Forfeiture Policy
Statement, 12 FCC Rcd at 17100-01 (discussion of upward and
downward adjustment factors).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 47 U.S.C. § 301
10 47 C.F.R. § 1.80.
11 See 47 C.F.R. § 1.1914.