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

In the Matter of                   )      File Number EB-02-TP-575
Everald Oliver Brown               )     NAL/Acct. No.200332700018
2409 North Hastings Street         )
Orlando, Florida 32808-4320        )                FRN 0007951106


                                    Released: March 31, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  Everald Oliver  Brown (``Mr. 
Brown'') 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 Mr.  Brown  apparently 
liable for  operating a  radio station  on the  frequency of 
95.9 MHz without Commission authorization.

                         II.  BACKGROUND

     2.   On  October   30,  2002,   two  agents   from  the 
Commission's  Tampa Field  Office  working  in the  Orlando, 
Florida, area observed an FM radio station operating on 95.9 
MHz.  The voice broadcasting on the radio station identified 
the  station  only as  ``95.9.''   FCC  databases showed  no 
record of a  broadcast station licensed for 95.9  MHz in the 
Orlando   area.   Using   direction-finding  equipment   and 
techniques,  the  agents  determined that  the  station  was 
broadcasting  from the  Rum  Runner  Caribbean Restaurant  & 
Lounge in the Village West Shopping Center, 6444 W. Colonial 
Drive,  Orlando, Florida.   The agents  took field  strength 
measurements of the station's signal and determined that the 
station required  a license to operate.2   The FCC's records 
showed no license had been issued for this operation.

     3.   Still on October 30,  2002, the Tampa Field Office 
agents inspected the station broadcasting on 95.9 MHz at the 
Rum Runner  Caribbean Restaurant  & Lounge.  The  manager of 
the  club,  Steven  J.  Burke,  led the  agents  to  a  room 
containing the radio station.  A  man was at the controls of 
the radio  station.  Mr.  Burke introduced  this man  to the 
agents as Everald Brown and  identified him as the ``DJ'' of 
the  station.  Mr.  Brown  also identified  himself  by  his 
driver's  license  as  Everald  Oliver  Brown.   The  agents 
recognized  Mr. Brown's  voice  as the  one  they had  heard 
broadcasting on 95.9  MHz and had identified  the station as 
``95.9.''  Mr. Burke stated that  the radio station had been 
operating  at the  club for  about two  weeks.  After  being 
warned  by the  agents about  the unlicensed  operation, Mr. 
Brown went to the transmitter and turned it off.

                      III.  DISCUSSION
     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 October 30, 2002, Mr. Brown operated 
radio  transmitting  equipment  on the  frequency  95.9  MHz 
without the required Commission authorization.

     5.   Based on the evidence before us, we find Mr. Brown 
willfully3  violated Section  301  of the  Act by  operating 
radio transmission apparatus without a license.

     6.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base forfeiture amount for  unlicensed operation is $10,000.  
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,  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.5   Considering the  entire 
record  and applying  the  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 Act,6  and Sections 0.111,  0.311 and 
1.80 of the Rules,7 Everald  Oliver Brown is hereby NOTIFIED 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section  301  of the  Act  by  operating radio  transmitting 
equipment on the  frequency 95.9 MHz without  benefit of the 
required Commission authorization.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Everald Oliver Brown  SHALL PAY the full amount of 
the proposed  forfeiture or  SHALL FILE a  written statement 
seeking   reduction   or   cancellation  of   the   proposed 

     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. 20554.8

     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. 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.  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 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 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     13.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested  to  Everald  Oliver  Brown,  2409  North 
Hastings Street, Orlando, FL, 32808-4320.   


                         Ralph M. Barlow
                         Tampa  Field   Office,  Enforcement 

1 47 U.S.C.  301.

2 Section 15.239(b) of the Commission's Rules, 47 C.F.R.  
15.239(b), provides that non-licensed broadcasting in the 
88-108 MHz band is permitted only if the field strength of 
the transmissions does not exceed 250 V/m at three meters.  
Measurements showed that the field strength of the station's 
signal exceeded the permissible level for a non-licensed 
low-power radio transmitter by 10,462 times.

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies to violations for which forfeitures are assessed 
under 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 4387-88 

4 47 C.F.R.  1.80(b)(4).

5 47 U.S.C.  503(b)(2)(D).

6 47 U.S.C.  503(b).

7 47 C.F.R.  0.111, 0.311, 1.80.

8 See 47 C.F.R.  1.1914.