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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 31, 2003
By the Enforcement Bureau, Tampa Office:
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.
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.
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
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
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.
FEDERAL COMMUNICATIONS COMMISSION
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 µV/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.