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

In the Matter of                 )
                                 )
Jose A. Mollinedo                )       File Number: EB-04-LA-072
                                 )
Victorville, CA                  )      NAL/Acct. No. 200532900004
                                 )
                                 )                  FRN 0012227534



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE



                                               Released:  January 
                                                         31, 2005

By the District  Director, Los Angeles  District Office,  Western 
Region, Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that Jose A. Mollinedo,  (``Mollinedo'') 
 apparently willfully and repeatedly violated Section 301 of the 
 Communications Act of 1934, as amended (``Act''),1 by operating 
 an unlicensed radio transmitter on 90.9 MHz in Victorville, 
 California. We conclude, pursuant to Section 503(b) of the 
 Communications Act of 1934, as amended ("Act"),2 that Mollinedo 
 is apparently liable for forfeiture in the amount of ten 
 thousand dollars ($10,000).

II.  BACKGROUND

      2.  On March 8, 2004, the Commission's Los Angeles Office 
 received information concerning an unauthorized broadcast 
 station operating on 90.9 MHz in Victorville, California.  That 
 same day, agents from the Los Angeles office used mobile 
 direction finding techniques to locate broadcast transmissions 
 on 90.9 MHz emanating from a private residence at 12650 Cobalt 
 Road, in Victorville, California.  The agents took field 
 strength measurements and determined that the signals being 
 broadcast exceeded the limits for operation under Part 15 of 
 the Commission's Rules (``Rules'')3 and therefore required a 
 license.  When agents knocked at the residence door, they 
 received no answer.  The agents left a Notice of Unauthorized 
 Operation (``Notice'') at the door of the residence.

      3.  On March 12, 2004, Los Angeles agents monitored 90.9 
 MHz in the Victorville, California area and used mobile 
 direction finding techniques to locate broadcast transmissions 
 on 90.9 MHz emanating from the private residence at 12650 
 Cobalt Road, in Victorville, California.  The agents approached 
 the house and identified themselves to the owner of the 
 residence, Jose A. Mollinedo.  The agents then requested an 
 inspection.  Mollinedo allowed the inspection and admitted 
 ownership and operation of the station.  He also acknowledged 
 receiving the Notice that the agents had left at the residence 
 four days earlier.4  

      4.  On March 30, 2004, the Commission's Los Angeles Office 
 sent Mollinedo a detailed Notice of Unlicensed Operation, which 
 gave Mollinedo an opportunity to reply.  The Los Angeles Office 
 received a receipt from the Post Office indicating that the 
 Notice of Unlicensed Operation had been received, but no reply 
 was received.  In May and June of 2004, Los Angeles agents 
 monitored 90.9 MHz in the Victorville, California area on 
 several occasions and found that the station was not 
 broadcasting.  

      5.  In June and July of 2004, the Los Angeles Office 
 received information that an unauthorized radio station on 90.9 
 MHz in Victorville, California had resumed broadcasting.  On 
 September 20, 2004, agents from the Commission's Los Angeles 
 Office again monitored and used mobile direction finding 
 techniques to locate broadcast transmissions on 90.9 MHz 
 emanating from the private residence at 12650 Cobalt Road, in 
 Victorville, California.  The agents made field strength 
 measurements and determined that the signals being broadcast 
 were essentially unchanged from their previous measurements.  
 The measurements indicated that the station still exceeded the 
 limits for operation under Part 15 of the Rules and, therefore, 
 still required a license.5  When agents knocked at the 
 residence door, they received no answer.     

      6.  On September 27, 2004, Commission's Los Angeles Office 
 sent Mollinedo another Notice of Unlicensed Operation, which 
 again gave Mollinedo an opportunity to reply.  The copy of the 
 Notice sent via Certified Mail was returned by the Post Office 
 after multiple delivery attempts.  The copy of the Notice sent 
 via regular mail was not returned.  No reply was received.  On 
 November 26, 2004, agents reviewed the Commission's records and 
 found that no authorization had been issued for any station to 
 operate on 90.9 MHz in Victorville, California.  


III.      DISCUSSION

      7.  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 of any 
 rule, regulation or order issued by the Commission thereunder, 
 shall be liable for a forfeiture penalty.  The term "willful" 
 as used in Section 503(b) has been interpreted to mean simply 
 that the acts or omissions are committed knowingly.6  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.7 

      8.  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 March 8, 2004, March 12, 2004, and September 20, 2004, 
 Mollinedo apparently operated radio transmitting equipment at 
 12650 Cobalt Road, Victorville, California, on 90.9 MHz without 
 the required Commission authorization.  Mollenido received 
 notice on March 8, 2004, that his operation of the station was 
 unauthorized.  He acknowledged operation of the station to 
 Commission agents on March 12, 2004.  Therefore, his violation 
 is willful.  Mollenido's violation occurred on more than one 
 day, therefore, it is repeated.  Based on the evidence before 
 us, we find Mollinedo apparently willfully and repeatedly 
 violated Section 301 of the Act by operating radio transmission 
 apparatus without a license on 90.9 MHz.

      9.  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"), and Section 1.80 of the Rules, the base forfeiture 
 amount for operating without an instrument of authorization is 
 $10,000.8  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 violations, and with 
 respect to the violator, the degree of culpability, and history 
 of prior offenses, ability to pay, and other such matters as 
 justice may require.9  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors, we find 
 that Mollenido is apparently liable for a forfeiture of 
 $10,000.  


IV.  ORDERING CLAUSES

      10.      Accordingly, IT IS ORDERED that, pursuant to 
 Section 503(b) of the Communications Act of 1934, as amended, 
 and Sections 0.111, 0.311 and 1.80 of the Commission's Rules, 
 Jose A. Mollinedo is hereby NOTIFIED of this APPARENT LIABILITY 
 FOR A FORFEITURE in the amount of ten thousand  dollars 
 ($10,000) for violations of Section 301 of the Act.10

      11.      IT IS FURTHER ORDERED that, pursuant to Section 
 1.80 of the Commission's Rules within thirty days of the 
 release date of this Notice of Apparent Liability for 
 Forfeiture, Jose A. Mollinedo SHALL PAY the full amount of the 
 proposed forfeiture or SHALL FILE a written statement seeking 
 reduction or cancellation of the proposed forfeiture.  

      12.      Payment of the forfeiture must be made by check or 
 similar instrument, payable to the order of the Federal 
 Communications Commission.  The payment must include the 
 NAL/Acct. No. and FRN No. referenced above.  Payment by check 
 or money order may be mailed to Forfeiture Collection Section, 
 Finance Branch, Federal Communications Commission, P.O. Box 
 73482, Chicago, Illinois 60673-7482.  Payment by overnight mail 
 may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
 Mailroom, Chicago, IL 60661.   Payment by wire transfer may be 
 made to ABA Number 071000013, receiving bank Bank One, and 
 account number 1165259.  

      13.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 Los Angeles District Office, 18000 Studebaker Rd. Suite 660, 
 Cerritos, CA 90703, and must include the NAL/Acct. No. 
 referenced in the caption.  

      14.      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.  

      15.      Requests for payment of the full amount of this 
 Notice of Apparent Liability for Forfeiture under an 
 installment plan should be sent to: Chief, Revenue and 
 Receivables Operations Group, 445 12th Street, S.W., 
 Washington, D.C. 20554.11

      16.      IT IS FURTHER ORDERED that a copy of this Notice 
 of Apparent Liability for Forfeiture shall be sent by Certified 
 Mail, Return Receipt Requested, and regular mail, to Jose A. 
 Mollinedo.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Catherine Deaton
                              District Director
                              Los Angeles District Office 
                              Western Region
                              Enforcement Bureau

_________________________

147 U.S.C.  301.
247 U.S.C.  503(b).
3Section 15.239 of the Rules provides that non-licensed 
broadcasting in the 88-108 MHz band is permitted only if the 
field strength of the transmission does not exceed 250 ?V/m at 
three meters. 47 C.F.R.  15.239.  On March 8, 2004, the 
measurements indicated that the signa
4The Los Angeles agents issued another Notice of Unlicensed 
Operation to Mollenido immediately after the inspection on March 
12, 2004.  Mollenido signed the Notice to acknowledge receipt. 
5The measurements made on September 20, 2004, indicated that the 
signal was 5000 times greater than the maximum permissible level 
for a non-licensed Part 15 transmitter.
    
6Section 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 or any rule or regulation of the Commission authorized 
by this Act...."  See Southern California Broadcasting Co., 6 FCC 
Rcd 4387 (1991).
7Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which also 
applies to violations for which forfeitures are assessed under 
Section 503(b) of the Act, provides that "[t]he 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.'' 
812 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
947 U.S.C.  503(b)(2)(D).
10 47 U.S.C.  301, 47 C.F.R.  0.111, 0.311, 1.80.
11 See 47 C.F.R.  1.1914.