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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: July 16,
By the Enforcement Bureau, Tampa Office:
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
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
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
APPARENT LIABILITY FOR A FORFEITURE in the amount of
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.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
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.