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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-TP-403
Jason T. Green ) NAL/Acct. No.200432700007
8650 Saddlebrook Circle #6201 )
Naples, Florida ) FRN 00010102747
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: February 4, 2004
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Jason T. Green (``Mr. Green'')
apparently liable for 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. Green apparently
liable for the operation of an FM broadcast station on the
frequency 91.9 MHz without Commission authorization.
2. On September 10, 2003, the FCC Enforcement
Bureau's Tampa Field Office received a complaint from a
broadcast licensee alleging that a pirate radio station
operated on 91.9 MHz was causing interference in the Ft.
Myers, Florida area.
3. On September 24, 2003, using direction-finding
techniques, two Tampa Field Office agents confirmed that a
radio broadcast station operated on the frequency 91.9 MHz
from a residential duplex located at 2334 Dora Street, Ft.
Myers, 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 91.9 MHz in the Ft. Myers,
4. Still on September 24, 2003, the Tampa Field
Office agents inspected the radio station broadcasting on
91.9 MHz at 2334 Dora Street in Ft. Myers, Florida. The
agents found an FM transmitter in operation on the frequency
91.9 MHz inside the residence. The occupant of the
residence, Jason T. Green, admitted to operating the station
without an FCC license and was given a warning letter for
unlicensed radio operation.
5. 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 September 24, 2003, Mr. Green
operated radio transmitting equipment on the frequency 91.9
MHz without the required Commission authorization.
6. Based on the evidence before us, we find that on
September 24, 2003, Mr. Green willfully3 violated Section
301 of the Act by operating radio transmission apparatus
without a license.
7. Pursuant to Section 1.80(b) (4) of the Rules,4 the
base forfeiture amount for operating a radio station 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.5 Considering the entire
record and applying the factors listed above, this case
warrants a $10,000 forfeiture.
IV. ORDERING CLAUSES
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 Jason T. Green 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 the
Act by operating radio transmitting equipment on the
frequency 91.9 MHz without benefit of the required
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Jason T. Green 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. and FRN 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 Jason T. Green, 8650 Saddlebrook Circle
#6201, Ft. Myers, Florida 33127. An additional copy shall
be sent by regular mail and Certified Mail Return Receipt
Requested to Jason T. Green, 2711 2nd Avenue S.E., Naples,
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 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.