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


In the Matter of                   )      File Number EB-03-TP-091
                                                             )
Fritzner Simon                     )     NAL/Acct. No.200432700003
1411 Foxboro Drive                 )
Brandon, Florida 33511             )                FRN 0009996281
                                  )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                 Released: December 11, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''), we  find  Mr.  Fritzner Simon  (``Mr. 
Simon'') apparently liable for a forfeiture in the amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation of Section 301 of  the Communications Act of 1934, 
as  amended (``Act'').1   Specifically,  we  find Mr.  Simon 
apparently  liable  for operating  a  radio  station on  the 
frequencies  of  102.1  and   87.9  MHz  without  Commission 
authorization.

                         II.  BACKGROUND

     2.   On  March 5,  2003, agents  from the  Commission's 
Tampa Field Office drove an FCC direction finding vehicle to 
the Tampa,  Florida area  and observed  an FM  radio station 
operating on  102.1 MHz.  Using direction  finding equipment 
and techniques,  the agents determined that  the station was 
broadcasting from a room on the  second floor of a two story 
building  located at  1719 Columbus  Drive, Tampa,  Florida.  
The agents took field strength measurements of the station's 
signal and determined that the station required a license to 
operate.2   A search  of the  FCC's records  showed that  no 
license had been issued for the operation of an FM broadcast 
station at this location.

     3.   Still on this date, the agents inspected the radio 
station.   The  agents  found  an FM  radio  transmitter  in 
operation.   One  of two  persons  present  inside the  room 
identified  himself  with  a  photo  identification  as  Mr. 
Fritzner Simon.  Mr. Simon stated that he operated the radio 
station with  his brother and  that the other person  in the 
room was visiting from Haiti  and had no connection with the 
station.   The agents  hand delivered  a written  and verbal 
warning for  unlicensed operation  to Mr. Simon.   Mr. Simon 
agreed to surrender an exciter  and the radio transmitter to 
the agents.

     4.   On August 21, 2003,  FCC agents conducting routine 
monitoring of the FM broadcast band observed a radio station 
operating on  87.9 MHz.   Using direction  finding equipment 
and techniques,  the agents determined that  the station was 
broadcasting from a room on  the second floor of a residence 
located at 4206 Nebraska Avenue, Tampa, Florida.  The agents 
took field strength measurements of the station's signal and 
determined that the field strength was in excess of any low-
powered transmission allowed on any FM frequency.3  Further, 
the agents observed that  this station operated continuously 
for more  than an  hour.4 The FCC's  records showed  that no 
license had been issued for the operation of an FM broadcast 
station  at this  location  on 87.9  MHz.   Thus, the  radio 
station  operating on  87.9 MHz  from 4206  Nebraska Avenue, 
Tampa, Florida was  in violation of Section 301  of the Act.  
A vehicle in  the driveway was registered  to Fritzner Simon 
and Heinz Simon.

     5.   On  September 10,  2003, FCC  agents met  with the 
owner of the property located at 4206 Nebraska Avenue, Tampa 
FL.  The FCC  agents showed photos of Mr.  Fritzner Simon to 
the property owner  and he identified Mr.  Fritzner Simon as 
the  person  using  the  space   at  his  property  to  make 
recordings.

                      III.  DISCUSSION

     6.   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  March 5, 2003, Mr.  Simon operated 
radio transmitting equipment on  the frequency 102.1 MHz and 
on August 21, 2003 he once again operated radio transmitting 
equipment  on the  frequency 87.9  MHz without  the required 
Commission authorization.

     7.   Based on the evidence before us, we find Mr. Simon 
repeatedly5 and  willfully6 violated Section 301  of the Act 
by operating radio transmission apparatus without a license.

     8.   Pursuant to Section 1.80(b)(4)  of the Rules,7 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.8   Considering the  entire 
record  and applying  the  factors listed  above, this  case 
warrants a $10,000 forfeiture.

                                 
                    IV.  ORDERING CLAUSES

     9.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the Act,9  and Sections 0.111,  0.311 and 
1.80 of  the Rules,10 Fritzner  Simon is hereby  NOTIFIED of 
this APPARENT  LIABILITY FOR A  FORFEITURE in the  amount of 
ten  thousand dollars  ($10,000)  for  willful and  repeated 
violation  of Section  301  of the  Act  by operating  radio 
transmitting equipment  on the frequency 102.1  MHz and also 
on  87.9  MHz without  benefit  of  the required  Commission 
authorization.

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

     11.  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. 20554.11

     12.  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.  

     13.  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.

     14.  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.

     15.  IT  IS FURTHER  ORDERED THAT  a copy  of this  NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt  Requested to  Fritzner Simon,  1411 Foxboro  Drive, 
Brandon, Florida, 33511.                     


                         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 FM broadcast operation on frequency 87.9 MHz is limited 
for use only by licensed noncommercial educational FM 
broadcast stations that have been required by the FCC to 
change frequency.  47 C.F.R. ' 73.501.
4 Operation of a non-licensed, low-powered transmitter on 
frequency 87.9 MHz is restricted to periodic operation and 
is generally used for the transmission of a control signal 
such as those used with alarm systems, garage door openers, 
remote switches, etc.  Because operation on this frequency 
must be limited in duration, continuous operation of a non-
licensed, low-powered transmitter is not permitted on 87.9 
MHz.  See 47 C.F.R. ' 15.209 and 15.231.
5 The term ``repeated,'' when used with reference to the 
commission or omission of any act, ``means the commission or 
omission of such act more than once or, if such commission 
or omission is continuous, for more than one day.''  47 
U.S.C.  312(f)(2).

6 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 (1991).

7 47 C.F.R.  1.80(b)(4).

8 47 U.S.C.  503(b)(2)(D).

9 47 U.S.C.  503(b).

10 47 C.F.R.  0.111, 0.311, 1.80.

11 See 47 C.F.R.  1.1914.