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                            Before the
                 FEDERAL COMMUNICATIONS COMMISSION
                      Washington, D.C. 20554

                                  )
In the Matter of                   )
                                  )     File No. EB-03-SD-007
Global Radio, Inc.                 )     NAL/Acct. No. 
Licensee of Station WN3XFL         )     200332940003
San Diego, California              )     FRN: 000-869-2170
                                  )

            NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                                                                   
                     Released:  March 28, 2003
By the Enforcement Bureau: San Diego Office


                          I. INTRODUCTION

1. In  this Notice of Apparent Liability  for Forfeiture (``NAL''), 
  we find  that Global  Radio, Inc.  (``Global''), the  licensee of 
  Experimental  Broadcast  station   WN3XFL,  apparently  willfully 
  violated  Sections 301  of the  Communications Act  of 1934,1  as 
  amended (``Act'') and Section 74.103(c) of the Commission's Rules 
  (``Rules''),2  by  operating   radio  transmitting  equipment  on 
  unauthorized  frequencies  of 88.98,  104.1  and  106.9 MHz.   We 
  conclude, pursuant to  Section 503(b) of the Act,  that Global is 
  apparently liable for forfeiture in the amount of twelve thousand 
  dollars ($12,000).


                          II.  BACKGROUND


2. On  January 23, 2003, the  FCC's Media Bureau granted  Global an 
  experimental FM license  to operate on frequencies  93.7 and 96.9 
  MHz  under call  sign WN3XFL  for  a limited  time from  Qualcomm 
  Stadium  in   San  Diego,  California.   The   FCC  Media  Bureau 
  specifically denied Global's request  for authority to operate on 
  four other channels, 89.1, 92.9,  104.1 and 106.9 MHz, because of 
  possible interference  to existing  broadcast stations  in Mexico 
  and  United States.   In a  subsequent search  of FCC  records no 
  other  operating authority  was  issued by  the  Media Bureau  to 
  Global,  either  in  writing  or  verbally,  to  operate  on  any 
  additional FM broadcast radio channels.  

3. On  January 26,  2003,  during the  Super Bowl  XXXVII event  at 
  Qualcomm  Stadium in  San Diego,  California, an  agent from  the 
  Federal  Communications Commission's  (``FCC'') San  Diego office 
  noted that FM  special broadcast event station  WN3XFL was active 
  on its two  assigned frequencies of 93.7 and  96.9 MHz.  However, 
  the agent observed that WN3XFL was also operating on 88.98, 104.1 
  and  106.9 MHz.   Using  direction finding  techniques the  agent 
  determined that the signals were coming from Qualcomm Stadium.  


                       III.      DISCUSSION

4. Section  503(b)  of   the  Act  provides  that  any  person  who 
  willfully  fails  to  comply  substantially with  the  terms  and 
  conditions of any license, or  willfully fails to comply with any 
  of the provisions of the Act  or of any rule, regulation or order 
  issued  by  the Commission  thereunder,  shall  be liable  for  a 
  forfeiture  penalty.3  The  term ``willful''  as used  in Section 
  503(b)  has been  interpreted to  mean  simply that  the acts  or 
  omissions are committed knowingly.4 

5. Section  301 of  the  Act sets  forth generally  that no  person 
  shall use or operate any apparatus for the transmission of energy 
  or communications  or signals by  radio within the  United States 
  except under  and in accordance with  the Act and with  a license 
  granted under the provisions of the Act.

6. Section  74.103(c) of  the Rules  states that  licensees in  the 
  Experimental Broadcast radio services  may be assigned to operate 
  on regularly assignable broadcast channels and those requests are 
  reviewed by the  FCC for possible impact  upon regularly licensed 
  stations.  In this  case the FCC determined that only  two of the 
  broadcast  channel requested  would be  authorized and  issued an 
  authorization letter accordingly.  

7. Based  on the evidence before  us, we find that  Global operated 
  radio  transmitting  equipment  on  unauthorized  frequencies  of 
  88.98,  104.1  and 106.9  MHz  on  January  26, 2003  in  willful 
  violation of  Section 301 of  the Act  and Section 74.103  of the 
  Rules.  Pursuant to The  Commission's Forfeiture Policy Statement 
  and Amendment  of Section  1.80 of the  Rules to  Incorporate the 
  Forfeiture  Guidelines,5  the  base   forfeiture  amount  for  an 
  unauthorized  use of  a  frequency is  $4,000.  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   Because  three 
  unauthorized frequencies  were in  use at the  same time,  we are 
  applying the  base forfeiture specified in  Section 1.80(b)(4) of 
  the  Rules for  each of  the three  unauthorized frequency  uses.  
  Applying the  statutory factors  to the instant  case, we  find a 
  total forfeiture in the amount of $12,000 is warranted. 


                       IV.  ORDERING CLAUSES

8. Accordingly, IT  IS ORDERED THAT, pursuant to  Section 503(b) of 
  the Act, and  Sections 0.111, 0.311 and 1.80  of the Commission's 
  Rules, Global Radio,  Inc., is hereby NOTIFIED  of their APPARENT 
  LIABILITY  FOR A  FORFEITURE  in the  amount  of twelve  thousand 
  dollars  ($12,000)  for violating  Section  301  of the  Act  and 
  Section 74.103 Commission's Rules.7

9. 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, Global Radio, Inc., SHALL PAY the full amount 
  of  the proposed  forfeiture or  SHALL FILE  a written  statement 
  seeking reduction or cancellation of the proposed forfeiture.

10.  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/Account number and FRN referenced in the caption. 

11.  The response, if any, must be mailed to Federal Communications 
  Commission,  Enforcement  Bureau,  Technical  and  Public  Safety 
  Division, 445  12th Street, S.W.,  Washington, DC 20554  and must 
  include the NAL/Acct. number referenced in the caption.  

12.  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.

13.  Requests for  payment of  the full  amount of  this Notice  of 
  Apparent Liability under  an installment plan should  be sent to: 
  Chief, Revenue  and Receivable Operation Group,  445 12th Street, 
  S.W., Washington, D.C. 20554.8

14.  Under the Small Business Paperwork Relief Act  of 2002, Pub L. 
  No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in 
  a  two-year  tracking  process  regarding the  size  of  entities 
  involved in forfeitures.  If you qualify as a small entity and if 
  you wish to  be treated as a small entity  for tracking purposes, 
  please  so certify to  us within  thirty (30)  days of  this NAL, 
  either in your response to the  NAL or in a separate filing to be 
  sent  to  the   Federal  Communications  Commission,  Enforcement 
  Bureau, Technical  & Public Safety Division.   Your certification 
  should indicate whether you, including your parent entity and its 
  subsidiaries, meet one  of the definitions set forth  in the list 
  provided  by   the  FCC's   Office  of   Communications  Business 
  Opportunities (``OCBO'') set forth in Attachment A of this Notice 
  of  Apparent  Liability.   This  information  will  be  used  for 
  tracking purposes only.   Your response or failure  to respond to 
  this  question   will  have   no  effect   on  your   rights  and 
  responsibilities pursuant to  Section 503(b) of the  Act.  If you 
  have  questions regarding  any  of the  information contained  in 
  Attachment A, please contact OCBO at (202) 418-0990.

15.  IT IS FURTHER ORDERED  THAT this NOTICE OF  APPARENT LIABILITY 
  shall be  sent, by certified  mail, return receipt  requested, to 
  Global  Radio, Inc.,  1275 First  Avenue No.  125, New  York, New 
  York, 10021.




                                   FEDERAL COMMUNICATIONS 
COMMISSION




                              William R. Zears Jr.
                              District Director - San Diego Office 

Enc:  Attachment A

Attachment A

                                                       October 2002


                FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

      Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                            Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
       Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers

Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 C.F.R. 121.104 and 13 C.F.R.  121.106, respectively.

                  International Services
International Broadcast 
Stations
                                $12.5 Million in Annual 
                                    Receipts or Less






International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                        or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                             $6 Million in Annual Receipts 
                                        or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                            $40M in annual gross revenues 
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            controlling principals)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                            three previous calendar years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three 
                            calendar years (includes 
                            affiliates and persons or 
                            entities that hold interest in 
                            such entity and their 
                            affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                            average annual gross revenues 
                            for three preceding calendar 
                            years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                            Small Business is 1,500 
Public Safety Radio Services employees or less
                            Small Government Entities has 
                            population of less than 50,000 
                            persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 

39 GHz Service
                            Auction special size standard 
                            (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                            for three preceding calendar 
                            years
                            Prior to Auction -
                            Small Business has annual 
                            revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                            Auction special size standard 
                            (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                            for three preceding years
                            Very Small Business is average 
                            gross revenues of $15M or less 
                            for the preceding three years 
                            First Auction special size 
                            standard (1994) -
                            Small Business is an entity 
                            that, together with its 
                            affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                            federal income taxes (excluding 
                            carryover losses) has no more 
                            than $2M in annual profits each 
                            year for the previous two years
                            New Standard - 
                            Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                            revenues of $15M or less for 
                            the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                            Very Small Business is average 
                            gross revenues of $3M or less 
                            for the preceding three years 
                            (includes affiliates and 
                            persons or entities that hold 
                            interest in such entity and 
                            their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                        or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                        or Less
Nursing Homes                    $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                        or Less
Tower Owners                 (See Lessee's Type of Business)


_________________________

1 47 U.S.C.  301.
2 47 C.F.R.  74.103(c).
3 47 U.S.C.  503(b).
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 The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
6 47 U.S.C.  503(b)(2)(D).
7 47 U.S.C.  301; 47 C.F.R.  0.111, 0.311, 1.80, and 74.103.
8 See 47 C.F.R.  1.1914.