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                            Before the
                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                   )


                                   Released: October 9, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     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.

                         II.  BACKGROUND

     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.

                      III.  DISCUSSION

     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 
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.


                         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.