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


In the Matter of                )
                                )
Richard I. Rowland                                                        

)                      File No. EB-00-TP-377                     

)
                                )
Longwood, FL                                                               

)                       NAL/Acct. No.: 20013270-0001          


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                      Released:  October 12, 2000

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     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).

                         II.  BACKGROUND
 
     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, 

FL. 




                        III.  DISCUSSION

     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.2 

     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 

is warranted.

                      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 
proposed forfeiture.

     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-
0001.

     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, 
Enforcement Bureau
_________________________

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.