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

In the Matter of                   )      File Number EB-00-TP-648
Billy Thomas Alsbrooks             )     NAL/Acct. No.200432700004
405 Wymore Road #104               )                FRN 0009880790
Altamonte Springs, Florida 32714   )


                                 Released: December 12, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

      1.  In   this  Notice   of   Apparent  Liability   for 
 Forfeiture  (``NAL''),   we  find  Billy  Thomas  Alsbrooks 
 (``Mr.  Alsbrooks'') 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. 
 Alsbrooks  apparently liable for operating  a radio station 
 on   the   frequency  of   91.3   MHz  without   Commission 

                         II.  BACKGROUND

      2.  On  October   24,  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 91.3 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  the station  required a 
 Commission authorization  to operate.2  FCC records show no 
 license  issued  for   an  FM  broadcast  station  at  that 
 location or  for the frequency of 91.3 MHz  in the Orlando, 
 Florida area.

      3.  Still on October 24,  2003, the Tampa Field Office 
 agents attempted  to inspect the radio station broadcasting 
 on 91.3  MHz at 1025 S. Orange Blossom  Trail.  The station 
 went  off the  air as  soon as  the agents  arrived at  the 
 parking   lot  adjacent  to   the  building.    The  agents 
 interviewed  four persons coming down the  stairwell to the 
 2nd  floor where  the  radio station's  studio is  located.  
 One  of  the persons  identified  himself  as Billy  Thomas 
 Alsbrooks,  209 W.  Grant Avenue  Muscle Shoads,  AL 35661.  
 Mr.  Alsbrooks  also  provided  a local  residence  as  405 
 Wymore Road  #104 Altamonte Springs, Florida 32714.  During 
 the  interview the agents  recognized Mr.  Alsbrooks' voice 
 as  the same  voice  broadcasting on  91.3 MHz  immediately 
 prior to 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 October  24, 2003,  Mr. Alsbrooks 
 operated  radio  transmitting  equipment on  the  frequency 
 91.3 MHz without the required Commission authorization.

      5.  Based  on  the evidence  before  us,  we find  Mr. 
 Alsbrooks  willfully3 violated  Section 301  of the  Act by 
 operating   a  radio   transmission  apparatus   without  a 

      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 forfeiture.

                      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  Billy Thomas  Alsbrooks  is  hereby 
 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 91.3  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,  Billy Thomas  Alsbrooks SHALL  PAY the  full 
 amount of  the proposed forfeiture or SHALL  FILE a written 
 statement   seeking  reduction   or  cancellation   of  the 
 proposed forfeiture.

      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 submitted.

      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 Billy  Thomas Alsbrooks,  405 
 Wymore Road #104, Altamonte Springs, FL 32714.


                         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.