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


In the Matter of                   )      File Number EB-04-TP-029
                                                             )
Wilner Simon                       )     NAL/Acct. No.200432700016
110 Triangle Street                )
Port Charlotte, Florida            )               FRN  0010511020


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
                                                  
                                   Released:  April 20, 2004

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Wilner Simon apparently liable 
for  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 the 
operation   of   a    radio   station   without   Commission 
authorization.

                          II. BACKGROUND

     2.   On  February   20,  2003,  agents  from   the  FCC 
Enforcement Bureau's  Tampa Field Office  (``Tampa Office'') 
observed  an FM  radio  station operating  on the  frequency 
107.5 MHz  in the Port Charlotte,  Florida area.  Commission 
records  showed no  license  issued for  a  station on  this 
frequency  in the  Port  Charlotte  area.  Using  direction-
finding techniques, the agents  determined the source of the 
signal to  be a  residence located  at 110  Triangle Street, 
Port  Charlotte, Florida.   The agents  took field  strength 
measurements of the station's signal and determined that the 
station  required   a  license  to  operate.2    The  agents 
inspected the  radio station  and interviewed  the operator, 
Wilner  Simon.  The  agents  orally warned  Simon about  the 
unlicensed   radio   operation.   Simon   relinquished   the 
unlicensed radio equipment to the agents.

     3.   On January 8, 2004, two Tampa Office agents in the 
Port  Charlotte,  Florida  area  observed a  signal  on  the 
frequency 87.6 MHz.  Using direction-finding techniques, the 
agents determined the source of the signal to be a residence 
at 110 Triangle Street, Port Charlotte, Florida.  The agents 
could detect  the signal  at a distance  of more  than three 
miles from the source.  Commission records showed no license 
issued for a station on this frequency in the Port Charlotte 
area.

     4.   On  January  13,   2004,  using  direction-finding 
techniques, two Tampa Office  agents again detected a signal 
on   the  frequency   87.6  MHz.    Using  direction-finding 
techniques, the  agents determined the source  of the signal 
to  be a  residence  located at  110  Triangle Street,  Port 
Charlotte, Florida.   A vertical dipole antenna  was mounted 
on  a  tower  attached  to   the  residence.   No  audio  or 
modulation could  be detected on the  signal's main carrier, 
but  the  agents  observed   that  the  signal  broadcast  a 
subcarrier,   known   also  as   Subsidiary   Communications 
Authority,  which  is  a  separate  audio  or  data  channel 
transmitted  along  with  the   main  audio  signal  over  a 
broadcast  station  signal.   Based on  the  field  strength 
measurements  taken by  the agents,  the station  required a 
Commission authorization  to operate.3  A vehicle  parked in 
the driveway was registered to Simon's business.

     5.   Later on January 13, 2004, the Tampa Office agents 
attempted an inspection of the radio station broadcasting on 
87.6 MHz  at 110  Triangle Street, Port  Charlotte, Florida.  
No  one answered  the  agents'  knocks on  the  door of  the 
residence.   However,  the  station broadcasting  from  this 
location ceased broadcasting while the agents knocked on the 
door.  Two vehicles  were parked at the  residence:  one was 
the same vehicle  seen earlier in the day  and registered to 
Simon's business, and another vehicle registered to Simon.
  
     6.   On  January  15,  2004, the  Tampa  Office  agents 
interviewed Mr. Wilner Simon, the  owner of the residence at 
110  Triangle Street,  Port Charlotte,  Florida.  Mr.  Simon 
admitted  to  operating  a  broadcast  station  utilizing  a 
subcarrier transmission  from his  residence on  January 13, 
2004  without an  FCC license.   Mr. Simon  stated that  his 
broadcasts were  providing a  service to the  community. Mr. 
Simon  also  stated   that  he  did  not   intend  to  cease 
broadcasting despite  the agents warnings of  possible civil 
and  criminal  enforcement  sanctions for  unlicensed  radio 
operation.

                      III.  DISCUSSION

     7.   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 January  8 and 13, 2004,  Mr. Simon 
operated radio transmitting equipment  on the frequency 87.6 
MHz without the required Commission authorization.  

     8.   Based on the  evidence before us, we  find that on 
January 8 and 13, 2004, Mr. Simon willfully4 and repeatedly5 
violated  Section   301  of  the  Act   by  operating  radio 
transmission apparatus without a license.

     9.   Pursuant to Section 1.80(b) (4) of the Rules,6 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.7   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,8  and Sections  0.111,  0.311 and  1.80 of  the 
Rules,9  Wilner 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   the  Act  by  operating   radio  transmitting 
equipment on the  frequency 87.6 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, Wilner  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. 20554.10

     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 Wilner Simon, 110 Triangle Street, Port 
Charlotte, Florida 33954.  

IT IS FURTHER ORDERED THAT a copy of this NAL shall be sent 
by regular mail and Certified Mail Return Receipt Requested 
to Wilner Simon, 18265 Poston Ave, Port Charlotte, FL 33948.

                         FEDERAL COMMUNICATIONS COMMISSION


                         Ralph M. Barlow
                         District Director
                         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.

3 Section 15.209(a) of the Commission's Rules, 47 C.F.R.  
15.209(a), provides that non-licensed broadcasting in the 
30-88 MHz band is permitted only if the field strength of 
the transmissions does not exceed 100 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 24,672 times.

4 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).

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

7 47 U.S.C.  503(b)(2)(D).

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

9 47 C.F.R.  0.111, 0.311, 1.80.

10 See 47 C.F.R.  1.1914.