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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-00-TP-648
William Davon Upson ) NAL/Acct. No.200432700001
8331 Lake Park Estates Blvd. ) FRN 0009617572
Orlando, Florida )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 9, 2003
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find William Davon Upson (``Mr.
Upson'') 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. Upson apparently
liable for operating a radio station on the frequency of
91.7 MHz without Commission authorization.
2. On July 23, 2003, two agents from the Commission's
Tampa Field Office operating an FCC direction finding
vehicle in the Orlando, Florida area monitored an FM radio
station operating on 91.7 MHz. Using direction finding
equipment and techniques, the agents determined the source
of the signal to be located at 1025 S. Orange Blossom Trail,
Orlando, Florida. Based on field strength measurements
taken by the agents of the station's signal, the station
required a Commission authorization to operate.2 FCC
license records showed no license issued for an FM broadcast
station at that location or for the frequency 91.7 MHz in
the Orlando, Florida area.
3. Still on July 23, 2003, the Tampa Field Office
agents inspected the radio station broadcasting on 91.7 MHz
at 1025 S. Orange Blossom Trail. Outside the door of this
address, the agents could hear music that coincided exactly
with that being broadcast on 91.7 MHz. The person answering
the door identified himself with a driver's license as
William Davon Upson. The agents recognized Mr. Upson's
voice as the same voice broadcasting on 91.7 MHz immediately
prior to the inspection. Mr. Upson was the only person seen
by the agents inside the address during the inspection.
4. Section 301 of the Act requires 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 July 23, 2003, Mr. Upson operated
radio transmitting equipment on the frequency 91.7 MHz
without the required Commission authorization.
5. Based on the evidence before us, we find Mr. Upson
willfully3 violated Section 301 of the Act by operating a
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 Communications Act of 1934, as amended
(``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 William Davon Upson 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 91.7 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, William Davon Upson 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,
Spectrum Enforcement 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 Spectrum
Enforcement 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 William Davon Upson, 8331 Lake Park
Estates Blvd., Orlando, FL 32818-4804.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Field Office, Enforcement
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 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
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.