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


In the Matter of                   )      File Number EB-02-TP-576
                                                             )
Omar A. Ebanks                     )     NAL/Acct. No.200332700016
1289 S. Kirkman Blvd., #2166       )
Orlando, Florida 32811             )                FRN 0008028698
                                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                 Released: February 11, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

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

                         II.  BACKGROUND

     2.   On  October   30,  2002,   two  agents   from  the 
Commission's  Tampa  Field  Office drove  an  FCC  direction 
finding vehicle to the Orlando, Florida area and observed an 
FM  radio station  operating on  93.9 MHz.   Using direction 
finding equipment and techniques, the agents determined that 
the  station  was  broadcasting  from  a  commercial  office 
building at  227 N. Magnolia Avenue,  Orlando, Florida.  The 
agents  took field  strength measurements  of the  station's 
signal and determined that the station required a license to 
operate.2

     3.   On October 31, 2002, the Tampa Field Office agents 
spoke by telephone  with Jay Wolk, the  property manager for 
the building  at 227 N.  Magnolia Avenue.  When  asked about 
the radio  station, Mr.  Wolk indicated  the station  was in 
Suite  103 of  the building.   Later on  the same  date, the 
agents again observed the FM radio station operating on 93.9 
MHz.   The  agents  used  direction  finding  equipment  and 
techniques  and  determined  that   the  station  again  was 
broadcasting from 227 N.  Magnolia Avenue, Orlando, Florida. 
Shortly  thereafter,   the  agents  inspected   the  station 
broadcasting on 93.9 MHz in  Suite 103.  The agents found an 
FM radio  transmitter in  operation.  The  agents identified 
one of two  persons present inside the suite as  Mr. Omar A. 
Ebanks.  Mr. Ebanks stated that he had been listening to the 
broadcast on 93.9 MHz, and the station had broadcast an open 
invitation  to come  to the  station and  play music  on the 
radio.   Mr. Ebanks  stated he  responded to  the invitation 
because he wanted to experience working at a radio station. 

      

                      III.  DISCUSSION

     4.   Section  301 of  the Act  provides 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  31,  2002,  Mr.  Ebanks 
operated radio transmitting equipment  on the frequency 93.9 
MHz without the required Commission authorization.

     5.   Based  on  the evidence  before  us,  we find  Mr. 
Ebanks  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 operation without  an instrument 
of authorization  for the service 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  Omar A. Ebanks  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 93.9 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,  Omar A. Ebanks SHALL  PAY the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 
forfeiture.

     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 
submitted.

     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 Omar A.  Ebanks, 1289 S. Kirkman Blvd., 
#2166, Orlando, Florida, 32811-2527.   An additional copy of 
this NAL  shall be sent  by regular mail and  Certified Mail 
Return  Receipt  Requested to  Omar  A.  Ebanks, 2409  North 
Hastings Street, Orlando, Florida 32808-4320.

                         


                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         Tampa  Field   Office,  Enforcement 
Bureau

Attachment
_________________________

1 47 U.S.C.  301.

2 Section 15.239 of the Commission's Rules, 47 C.F.R.  
15.239, 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 6,105 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 
(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.