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


In the Matter of                   )      File Number EB-03-TP-035
                                                             )
Donald Donovan Jackson             )   NAL/Acct. No.200332700023
1418 27th Ave South                )
St. Petersburg, Florida            )        FRN 0008909301


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                         Released:  May 14, 
                            2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),   we  find  Donald   Donovan  Jackson 
apparently  liable for  forfeiture in  the amount  of twenty 
thousand   dollars  ($20,000)   for  willful   and  repeated 
violation of Section 301 of  the Communications Act of 1934, 
as amended (``Act'').1  Specifically, we find Donald Donovan 
Jackson  apparently  liable  for  the  operation  of  an  FM 
broadcast  station  on  the   frequency  102.1  MHz  without 
Commission authorization.

                          II. BACKGROUND

     2.   On November 8, 2002,  the FCC Enforcement Bureau's 
Tampa Field  Office (``Tampa Office'') received  a complaint 
alleging that a  pirate radio station operated  on 102.1 MHz 
in the St. Petersburg, Florida area.  A search of Commission 
records showed no FM radio  station licensed on 102.1 MHz in 
the St. Petersburg, Florida area.

     3.   On November 23, 2002, agents from the Tampa Office 
investigated  the  complaint  and,  using  direction-finding 
techniques,  determined  that   a  radio  broadcast  station 
operated on the frequency 102.1 MHz from a commercial office 
building located at  21 9th Street South,  Suite #200-D, St. 
Petersburg, Florida.  A ground  plane antenna was mounted on 
a  telescoping mast  attached  to the  center  of the  roof.  
Based on field strength measurements  taken by the agents of 
the  station's signal,  the  station  required a  Commission 
authorization   to  operate.2    Subsequently,  the   agents 
interviewed the owner of the office building who stated that 
Donald  Jackson operated  the radio  station and  provided a 
copy of a  lease agreement showing Donald  D. Jackson leased 
office space in Suite #200-D of the building.

     4.   On January 15, 2003,  agents from the Tampa Office 
again observed a radio  broadcast station operating on 102.1 
MHz in the St. Petersburg,  Florida area.  The agents, using 
direction-finding  techniques,  determined  again  that  the 
station operated from the commercial office building located 
at  21  9th  Street  South, Suite  #200-D,  St.  Petersburg, 
Florida.  The agents located  and interviewed Donald Donovan 
Jackson,  the  lessee  of  Suite #200-D,  and  conducted  an 
inspection  of  the  radio   station.   One  of  the  agents 
recognized Mr.  Jackson from a prior  investigation in April 
2002, as the operator of  an unlicensed radio station on the 
same frequency, 102.1 MHz, operating from a nearby location.  
At  that time,  Mr. Jackson  received a  warning letter  for 
operating  an unlicensed  radio station  on 102.1  MHz.  Mr. 
Jackson stated that he paid the  rent of the office suite at 
21  9th  Street  South,  Suite  #200-D  in  St.  Petersburg, 
Florida.  Mr. Jackson  also stated that he used  the same FM 
radio transmitter at the current  location as he had used at 
the previous  unlicensed radio  station in April  2002.  Mr. 
Jackson  stated that  after  the  previous unlicensed  radio 
station  was  shut down,  he  received  an outcry  from  the 
community for  Caribbean programming  which prompted  him to 
reactivate the  radio station at this  location.  The agents 
observed  that  the  radio transmitter  and  equipment  rack 
appeared to  be the  same as at  the prior  unlicensed radio 
station operated by  Mr. Jackson in April  2002.  The agents 
traced a coaxial  cable from the transmitter and  out to the 
roof  mounted  antenna.   Mr.  Jackson  explained  that  the 
transmitter  operated by  a  timer and  demonstrated how  he 
delivered  audio  programming  to   the  transmitter  via  a 
personal computer. Mr. Jackson shut down the station per the 
agents' request.

                      III.  DISCUSSION

     5.   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  and 
January 15, 2003, Mr.  Donald Donovan Jackson operated radio 
transmitting equipment  on the  frequency 102.1  MHz without 
benefit of the required Commission authorization.  

     6.   Based on the  evidence before us, we  find that on 
November  23,  2002 and  January  15,  2003, Donald  Donovan 
Jackson willfully3  and repeatedly4 violated Section  301 of 
the Act by operating  radio transmission apparatus without a 
license.

     7.   Pursuant to Section 1.80(b) (4) of the Rules,5 the 
base forfeiture amount for operating a radio station without 
a  Commission authorization  is $10,000  per violation.   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.6   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $20,000 forfeiture based on Mr. Jackson's history 
of  prior offenses  and repeated  violations after  official 
warning.

                      IV.  ORDERING CLAUSES

     8.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,7  and Sections 0.111,  0.311 and 
1.80  of  the  Rules,8  Donald  Donovan  Jackson  is  hereby 
NOTIFIED of this APPARENT LIABILITY  FOR A FORFEITURE in the 
amount of twenty thousand  dollars ($20,000) for willful and 
repeated violation  of Section  301 the  Act by  operating a 
radio station without Commission authorization.

     9.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Donald  Donovan Jackson 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/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. 20554.9

     11.  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.  

     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 (``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.

     13.  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.





     14.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested  to  Donald Donovan  Jackson,  1418  27th 
Avenue  South,   St.  Petersburg,  Florida  33705;   and  an 
additional copy  to Donald  Donovan Jackson, POB  14046, St. 
Petersburg, FL 33733-4046. 
                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 
Bureau


Attachment
_________________________

1 47 U.S.C.  301.

2 See 47 C.F.R.  15.239(b).

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 Section 312(f)(2), which also applies to Section 503(b), 
provides:  [t]he term ``repeated'', when used with reference 
to the commission or omission of any act, means the 
commission or omission of such act more than once or, if 
such commission or omission is continuous, for more than one 
day.

5 47 C.F.R.  1.80(b)(4).

6 47 U.S.C.  503(b)(2)(D).

7 47 U.S.C.  503(b).

8 47 C.F.R.  0.111, 0.311, 1.80.

9 See 47 C.F.R.  1.1914.