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

In the Matter of                   )      File Number EB-03-TP-042
Tori Javier Lipscomb               )   NAL/Acct. No.200332700021
2135 NW 73rd Street                )
Miami, Florida                     )        FRN 0008562795

                                        Released:  April 17, 

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture   (``NAL''),  we   find   Tori  Javier   Lipscomb 
apparently  liable  for  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 Tori  Javier  Lipscomb 
apparently  liable  for the  operation  of  an FM  broadcast 
station  on  the  frequency  100.5  MHz  without  Commission 

                          II. BACKGROUND

     2.   On  April 11,  2001,  during an  inspection of  an 
unlicensed FM  radio station in Ft.  Pierce, Florida, agents 
of the  Commission's Tampa  Field Office  (``Tampa Office'') 
identified  Tori  Javier Lipscomb  as  the  operator of  the 
unlicensed  radio  station.   At  that  time,  Mr.  Lipscomb 
deactivated  the  unlicensed   transmitter  at  the  agents' 
request.   The  agents  hand  delivered to  Mr.  Lipscomb  a 
written warning for unlicensed radio operation.

     3.   On November 23, 2002, agents from the Tampa Office 
investigated a  complaint that  an unlicensed  radio station 
was  transmitting on  the frequency  100.5 MHz  in the  Fort 
Myers,  Florida area.   Commission records  showed no  radio 
station  licensed on  the frequency  100.5 MHz  in the  Fort 
Myers area.   Using a mobile direction-finding  vehicle, the 
agents  detected   a  radio  station  broadcasting   on  the 
frequency 100.5  MHz and  traced the  station's signal  to a 
one-story  apartment  building  located  at  4274  Greenwood 
Avenue, Fort  Myers, Florida.   A two-section  FM broadcast-
type antenna was mounted on a  metal pipe attached to a tree 
in the back yard. Coaxial  cable connected to the antenna on 
one end  entered apartment  number 1  of the  building.  The 
agents took field strength  measurements and determined that 
the station's signal strength exceeded the permissible level 
for  a non-licensed  low-power radio  transmitter2 by  2,024 
times and that, therefore, the station required a license to 
operate.    Immediately   thereafter,  while   the   station 
continued to  broadcast, the agents  knocked on the  door of 
apartment number  1.  Mr. Tori Javier  Lipscomb answered the 
door and  consented to an  inspection of the  radio station.  
One of the agents recognized Mr. Lipscomb as the operator of 
the  unlicensed radio  station  in Ft.  Pierce, Florida,  on 
April 11, 2001.   Inside the apartment, the  agents found an 
FM  broadcast   transmitter  and  associated   equipment  in 
operation.  Mr. Lipscomb stated that he leased the apartment 
and that  he operated the  radio station located  there.  At 
the   agents'   request,   Mr.  Lipscomb   deactivated   the 

                      III.  DISCUSSION

     4.   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.   On November 23, 2002, Mr. Tori 
Javier Lipscomb operated radio transmitting equipment on the 
frequency  100.5   MHz  without  benefit  of   the  required 
Commission authorization.  

     5.   Based on the  evidence before us, we  find that on 
November 23, 2002, Tori Javier Lipscomb  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 operating a radio station without 
a  Commission authorization  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 

                      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 Tori  Javier Lipscomb is hereby NOTIFIED 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section 301  the Act  by operating  a radio  station without 
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, Tori Javier Lipscomb  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  Tori  Javier Lipscomb,  2135 NW  73rd 
Street, Miami, Florida 33147. 

                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 


1 47 U.S.C.  301.

2 Non-licensed low-power 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.  47 C.F.R.  

3 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies equally 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).

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.