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

In the Matter of                   )      File Number EB-03-TP-185
Ward F. Dean                       )   NAL/Acct. No.200332700027
8799 Burning Tree Rd.              )
Pensacola, Florida 32514           )        FRN 0009232976


                                         Released: July 16, 

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Ward F. Dean apparently liable 
for forfeiture  in the amount of  seventeen thousand dollars 
($17,000) for  willful violation of Sections  301 and 303(n) 
of the  Communications Act  of 1934, as  amended (``Act'').1  
Specifically, we find Ward F. Dean apparently liable for the 
operation of an FM broadcast  station on the frequency 103.7 
MHz  without Commission  authorization  and  for failure  to 
allow  an  inspection of  his  radio  station by  Commission 

                          II. BACKGROUND

     2.   On April 6, 2003,  agents from the FCC Enforcement 
Bureau's  Tampa  Field   Office  (``Tampa  Office''),  while 
working in Pensacola, Florida,  monitored a radio station on 
103.7 MHz. A check of FCC license records revealed no record 
of a  licensed station in  the Pensacola area  authorized to 
operate on  103.7 MHz.  Using  direction-finding techniques, 
the agents determined that the radio station broadcasting on 
the  frequency  103.7  MHz  operated  from  a  single-family 
residence  at 8799  Burning  Tree  Rd., Pensacola,  Florida.  
County property records showed the  owner of the property at 
8799 Burning Tree Rd., Pensacola  Florida, as Ward and Kumja 
C.  Dean.  An  FM broadcast-type  antenna was  mounted on  a 
tower attached to the side of the residence.  Based on field 
strength measurements  taken by the agents  of the station's 
signal, a  Commission authorization was required  to operate 
the station.2  Immediately thereafter, the agents knocked on 
the front door of the  residence and an adult male responded 
at the front door.  The man identified himself by a State of 
Florida picture identification,  concealed weapon permit, as 
Ward F. Dean of the same address.  Dean neither acknowledged 
nor denied operating the radio station and twice refused the 
agents'  request  to  inspect   the  radio  station  at  the 
residence.   The  agents  warned   Dean  of  the  unlicensed 
operation.  Shortly after departing, the agents observed the 
unlicensed  radio  station  at Dean's  residence  no  longer 

                      III.  DISCUSSION

     3.   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.  Section 303 (n) of the Act sets 
forth that the  Commission has the authority  to inspect all 
radio installations associated with  stations required to be 
licensed.  On  April 6,  2003, Ward  F. Dean  operated radio 
transmitting equipment  on the  frequency 103.7  MHz without 
benefit of the required  Commission authorization and failed 
to allow Commission  agents to conduct an  inspection of the 
radio station upon official requests.  

     4.   Based on the  evidence before us, we  find that on 
April 6, 2003, Ward F. Dean willfully3 violated Sections 301 
and  303(n)  of  the  Act by  operating  radio  transmission 
apparatus  without  a  license  and  by  refusing  to  allow 
inspection of his radio station.

     5.   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, and for  failure to 
permit  inspection is  $7,000.   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  $17,000 

                      IV.  ORDERING CLAUSES

     6.   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 Ward F.  Dean is hereby NOTIFIED of this 
seventeen thousand  dollars ($17,000) for  willful violation 
of Sections 301  and 303(n) of the Act by  operating a radio 
station without  Commission authorization and by  failure to 
allow an inspection of his radio station.

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

     8.   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

     9.   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.  

     10.  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 

     11.  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.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Ward F.  Dean, 8799 Burning  Tree Rd., 
Pensacola Florida 32514.

                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 


1 47 U.S.C.  301 and 303(n).

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 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.