Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




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


In the Matter of                )            
                                )       
Michael David Oaks              )       File No. EB-03-PO-128
                                )
Unlicensed FM Radio Station     )       NAL/Acct. No. 200432920002
Beaverton, Oregon               )       FRN # 0010288587
                                )            
                                
                                
           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released:  March 12, 2004

By the Enforcement Bureau, Portland Resident Agent Office:


                         I.  Introduction

     1.  In  this  Notice  of Apparent  Liability  for  Forfeiture 
(``NAL''), we find  that Michael David  Oaks apparently  willfully 
and repeatedly violated Section 301  of the Communications Act  of 
1934,  as  amended,  (``Act''),1  by  operating  unlicensed  radio 
transmitting equipment without  Federal Communications  Commission 
(``FCC'') authorization.  We conclude, pursuant to Section  503(b) 
of the Communications  Act of  1934, as  amended (``Act''),2  that 
Michael David Oaks is  apparently liable for  a forfeiture in  the 
amount of ten thousand dollars ($10,000).


                         II.  Background

     2.  On June  3, 2003, the  FCC Enforcement Bureau's  Portland 
Resident Agent Office  (``Portland Office'') received  information 
that a  FM station  was  operating in  Beaverton, Oregon,  on  the 
frequency 98.1 MHz.   The information indicated  that the  station 
identified as ``Energy 98.''  The FCC's records showed no  license 
issued for this frequency in Beaverton.

     3.  On June 9, 2003, an agent of the Portland Office  located 
the signal  on 98.1  MHz at  Beaver Creek  Apartments, 12270  S.W. 
Center, Apartment  43, Beaverton,  Oregon.  At that  address,  the 
agent observed a vertical  antenna mounted on  a tripod which  was 
resting  on  the  balcony   of  the  apartment.   Field   strength 
measurements showed  that  the  field strength  of  the  station's 
signal exceeded the permissible level for a non-licensed low-power 
radio transmitter  by 1,719  times.  Commission  authorization  is 
required to operate  a station on  98.1 MHz based  upon the  field 
strength measured by the agent.3  An on-scene Notice of Unlicensed 
Radio Operation, dated June 9, 2003, was placed under the door.

     4.  On  June 11,  2003,  the Portland  Office sent  a  formal 
Notice of Unlicensed Radio Operation (``Notice'') to Michael David 
Oaks at Beaver Creek Apartments, 12270 S.W. Center, Apartment  43, 
Beaverton, Oregon  97005  via  certified and  regular  mail.   The 
Notice sent via certified mail was returned as ``unclaimed.''  The 
Notice sent by regular mail has not been returned to the  Portland 
Office.

     5.  On July 3,  2003, an agent of  the Portland Office  spoke 
with Mr. Oaks regarding the  legal operation of radio stations  in 
the FM broadcast frequency band.   Mr. Oaks admitted to  operation 
of the unlicensed station from  his apartment, 12270 S.W.  Center, 
Apartment 43, Beaverton, Oregon.

     6.  On July 14, 2003, an  agent of the Portland Office  again 
located a signal  on 98.1  MHz at  Mr. Oaks'  residence at  Beaver 
Creek Apartments,  12270  S.W. Center,  Apartment  43,  Beaverton, 
Oregon.   Field  strength  measurements  showed  that  the   field 
strength of the  station's signal exceeded  the permissible  level 
for a  non-licensed  low-power  radio transmitter  by  435  times.  
Commission authorization is required to operate this station.4   A 
second on-scene  Notice of  Unlicensed Radio  Operation, this  one 
dated July 14, 2003, was placed under the door.

     7.  On September 16,  2003, an agent  of the Portland  Office 
again located a signal on 98.1 MHz at Mr. Oaks residence at Beaver 
Creek Apartments,  12270  S.W. Center,  Apartment  43,  Beaverton, 
Oregon.   Field  strength  measurements  showed  that  the   field 
strength of the  station's signal exceeded  the permissible  level 
for a  non-licensed  low-power  radio  transmitter  by  85  times.  
Commission authorization is required to operate this station.5  On 
September 17, 2003,  a second  formal Notice  of Unlicensed  Radio 
Operation (Second Notice) was issued to Mr. Oaks via certified and 
regular mail.   The  Second  Notice sent  by  certified  mail  was 
returned as ``unclaimed.''  The Second Notice sent by regular mail 
has not been returned to the Portland Office.  


                         III.  Discussion

     8.  Section 503(b) of  the Act provides  that any person  who 
willfully or  repeatedly fails  to comply  substantially with  the 
terms and conditions  of any license,  or willfully or  repeatedly 
fails to comply with any of the provisions of the Act or any rule, 
regulation or order issued by the Commission there under, shall be 
liable for a forfeiture penalty.6  The term ``willful'' as used in 
Section 503(b) has been interpreted  to mean simply that the  acts 
or omissions  are committed  knowingly and  the term  ``repeated'' 
means the commission or omission of the act more than once or  for 
more than one day. 7

     9.  Section  301 of  the  Act sets  forth generally  that  no 
person shall use  or operate radio  transmitting equipment  within 
the United States except under and in accordance with the Act  and 
with a license.8  On  June 9, 2003, July  14, 2003, and  September 
16, 2003, Mr.  Oaks operated radio  transmitting equipment on  the 
frequency 98.1 MHz without the required Commission  authorization.  
The record reveals that the FCC warned Mr. Oaks, both verbally and 
in writing, on  no less  than three separate  occasions, that  the 
unlicensed operation  of  radio transmitting  equipment  at  power 
levels in excess of the Part 15 limits violated the Act and  could 
subject him to severe penalties.   Mr. Oaks admitted to  operation 
of the station and continued  operation of the radio  transmitting 
equipment beyond the Part 15 limits and continued operation of the 
radio transmitting  equipment  without a  license  after  multiple 
warnings.  

     10.  Based on the  evidence before us,  we find that  Michael 
David Oaks willfully  and repeatedly violated  Section 301 of  the 
Act by operating radio transmitting equipment without a license on 
June 9, 2003, July 14, 2003, and September 16, 2003.  Pursuant  to 
The Commission's  Forfeiture  Policy Statement  and  Amendment  of 
Section  1.80  of   the  Rules  to   Incorporate  the   Forfeiture 
Guidelines, (Forfeiture Policy  Statement),9 and  Section 1.80  of 
the Commission Rules,10 the base forfeiture amount for  unlicensed 
operation  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(s), 
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.11  In  applying Section 1.80(b)(4) of  the 
Rules and the statutory  factors to the instant  case, we find  no 
compelling  evidence  to  support  any  adjustments  to  the  base 
forfeiture amounts.  Therefore, a  total forfeiture in the  amount 
of $10,000 is warranted.


                      IV.  Ordering Clauses

     11.  Accordingly,  IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the Act  and  Sections 0.111,  0.311  and 1.80  of  the 
Commission's Rules, Michael David Oaks is hereby NOTIFIED of  this 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten  thousand 
dollars ($10,000) for willfully  and repeatedly violating  Section 
301 of the Act.12 

     12.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80  of 
the Rules, within thirty days of  the release date of this  NOTICE 
OF APPARENT  LIABILITY,  Michael David  Oaks  SHALL PAY  the  full 
amount  of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement  seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     13.  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  must  include  the 
NAL/Acct. No. and FRN referenced in the caption. 

     14.   The  response,  if  any,  must  be  mailed  to  Federal 
Communications Commission,  Office  of  the  Secretary,  445  12th 
Street, S.W., Washington, D.C.  20554, Attn: Enforcement Bureau  - 
Spectrum Enforcement Division, and must include the NAL/Acct.  No. 
and FRN referenced in the caption.

     15.  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.

     16.  Requests for payment of  the full amount of this  Notice 
of Apparent Liability under an installment plan should be sent to: 
Federal Communications Commission, Chief, Revenue and  Receivables 
Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.13

     17.  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.

     18.  IT IS  FURTHER ORDERED  THAT a  copy of  this Notice  of 
Apparent Liability shall be sent by Certified Mail, Return Receipt 
Requested, and regular mail, to Michael David Oaks at Beaver Creek 
Apartments, 12270  S.W. Center,  Apartment 43,  Beaverton,  Oregon 
97005.


                                FEDERAL COMMUNICATIONS COMMISSION




                               James Lafontaine
                               Resident Agent
                               Portland Resident Agent Office, 
Enforcement Bureau


Enclosure:  FCC List of Small Entities
_________________________

1 47 U.S.C.  301.

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

3 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.  

4 See 47 C.F.R.  15.239.  

5 See 47 C.F.R.  15.239.  

6 47 U.S.C.  503(b).

7 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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 or any rule or regulation of the Commission 
authorized by this Act . . . .''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387-88 (1991). Section 312(f)(2) of 
the Act, 47 U.S.C.  312(f)(2), which also applies to Section 
503(b), provides: ``[t]he term ``repeated'', when use 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.

8 47 U.S.C.  301.

9 The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 
(1999).

10 47 C.F.R.  1.80(b)(4).

11 47 U.S.C.  503(b)(2)(D).

12 47 U.S.C.  301, 503(b); 47 C.F.R.  0.111, 0.311 and 1.80.

13 See 47 C.F.R.  1.1914.