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


In the Matter of                )            
                                )       File No. EB-01-DT-523
                                )
Thomas A. Brothers              )       NAL/Acct.             No. 

200232360004
Berkley, Michigan               )       
                                )       FRN # 0006-1077-26


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                             Released:  January 
14, 2002

By the District Director, Detroit Office, Enforcement Bureau:

                        I.  Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we find that Thomas A. Brothers has apparently  violated 
Section 301  of the  Communications Act  of 1934  (``Act'')1,  as 
amended,  by  operating  an   unlicensed  radio  transmitter   on 
frequency  88.3  MHz.   We  conclude  that  Thomas  Brothers   is 
apparently liable  for  a  forfeiture in  the  amount  of  eleven 
thousand dollars ($11,000).

                         II.  Background

     2.   On July 27, 1998, an investigation of unlicensed  radio 
broadcasts  on  92.7  MHz  in  the  Berkley,  Michigan  area  was 
conducted.  Commission  agents located  the source  of the  radio 
transmissions on 92.7 MHz to 3845 Ellwood, Berkley, Michigan.  An 
inspection was attempted but the operator of the station was  not 
home; however, the agents were able  to talk to him later in  the 
day by  telephone and  information was  obtained which  indicated 
that Thomas  A.  Brothers  was  the owner  and  operator  of  the 
station.  On July 28, 1998, the Detroit District Director  issued 
a Warning Letter for unlicensed operation to Thomas A.  Brothers, 
3845 Ellwood, Berkley, Michigan.   Information was received  that 
indicated Mr. Brothers would cease the unlicensed operation.

     3.   On September 15, 2000,  an investigation of  unlicensed 
radio broadcasts on 87.9  MHz in the  Berkley, Michigan area  was 
conducted.  A Commission  agent located the  source of the  radio 
transmissions on  87.9 MHz  to 3845  Ellwood, Berkley,  Michigan.  
This was the same location that was identified previously on July 
27,  1998,  as  broadcasting  unlicensed  radio  broadcasts.   On 
October 6, 2000, the Detroit District Director issued a NOTICE OF 
UNLICENSED RADIO  OPERATION Warning  Letter to  Thomas  Brothers, 
3845 Ellwood, Berkley, Michigan.   Information was received  that 
indicated  Mr.  Brothers   would  cease   his  unlicensed   radio 
broadcasts.

     4.   On September 2, 2001, in connection with new complaints 

of unlicensed radio broadcasts in  the Berkley, Michigan area,  a 

Commission agent  located the  source of  radio transmissions  on 

88.3 MHz to 3845  Ellwood, Berkley, Michigan.  This was the  same 

location that was  identified previously  on July  27, 1998,  and 

September 15, 2000 as  broadcasting unlicensed radio  broadcasts.  

On September  14,  2001, Commission  agents  met with  Thomas  A. 

Brothers  and  inspected  the  radio  station  at  3845  Ellwood, 

Berkley, Michigan.  During this inspection Mr. Brothers indicated 

that he  had  operated  the station  but  was  discontinuing  the 

operation. 

                        III.  Discussion

     5.   Based on the evidence before us, we find that Thomas A. 

Brothers  willfully2  violated  Section  301  of  the  Act.   The 

Commission's Forfeiture Policy Statement and Amendment of Section 

1.80 of the  Rules to Incorporate  the Forfeiture Guidelines,  12 

FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd  303(1999) 

(``Forfeiture Policy  Statement'')3,  sets  the  base  forfeiture 

amount at $11,000 for operation of an unlicensed transmitter.  In 

assessing the  monetary  forfeiture  amount, we  must  take  into 

account the statutory factors  set forth in Section  503(b)(2)(D) 

of the Act,4 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.  The  record 

reveals that Thomas A. Brothers does not have an overall  history 

of compliance  and the  violations are  egregious.  Applying  the 

Policy Statement and  the statutory factors  to the instant  case 

and applying the inflation adjustments, we believe that an eleven 

thousand dollar ($11,000) monetary forfeiture is warranted.  

                      IV.  Ordering Clauses

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 
Commission's Rules  (``Rules'')6  Thomas A.  Brothers  is  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount of  eleven thousand  dollars ($11,000)  for willfully  and 
repeatedly violating Section 301 of the Act. 

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty days of the release date of this  NOTICE 
OF APPARENT  LIABILITY, Thomas  A. Brothers  SHALL PAY  the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     8.   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. 200232360004, and FRN # 0006-1077-26. 

     9.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications  Commission,  Enforcement  Bureau,  Technical  and 
Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 
20554 and MUST INCLUDE THE NAL/Acct. No. 200232360004. 

     10.  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 
submitted.

     11.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.7

     12.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be  sent  by  Certified  Mail,  Return 
Receipt Requested, to Thomas A. Brothers, 3845 Ellwood,  Berkley, 
Michigan 48072-3123.


                                FEDERAL            COMMUNICATIONS 

COMMISSION




                                James A. Bridgewater
                                District Director
                                Detroit Office

_________________________

1 47 U.S.C.  301.
2 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).

347 C.F.R.  1.80.

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 and 1.80.
7 See 47 C.F.R.  1.1914.