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

In the Matter of                 )
                                 )
William Stephen Major            )      File Number:  EB-04-SF-305
                                 )
                                 )      NAL/Acct. No. 200532960002
Sacramento, California           )                 FRN  0013442173
                                 )



             NOTICE OF APPARENT LIABILITY FOR FORFEITURE


                                              Released:  June 29, 
                                                             2005

By the District Director, San Francisco Office, Western Region, 
Enforcement Bureau:

I.   INTRODUCTION

      1.  In this Notice of Apparent Liability for Forfeiture 
 ("NAL"), we find that William Stephen Major ("Major") 
 apparently willfully and repeatedly violated Section 301 of the 
 Communications Act of 1934 ("Act")1 by operating an unlicensed 
 radio transmitter on 96.5 MHz in Sacramento, California.  We 
 conclude, pursuant to Section 503(b) of the Communications Act 
 of 1934, as amended ("Act"),2 that Major is apparently liable 
 for a forfeiture in the amount of amount in ten thousand 
 dollars ($10,000).

II.  BACKGROUND

      2.  On December 21, 2004, the Commission's San Francisco 
 Office received information concerning an unauthorized 
 broadcast station operating on 96.5 MHz in Sacramento, 
 California.  A review of the Commission's databases revealed no 
 authorization for KNOZ to operate on 96.5 MHz in Sacramento, 
 California.3 

      3.  On January 5, 2005, agents from the San Francisco 
 Office while in Sacramento, California observed a station on 
 96.5 MHz identifying as ``KNOZ LP 96.5.''  The agents used 
 mobile direction finding techniques to locate the broadcast 
 transmissions to commercial office space at 2207 16th Street, 
 Sacramento, California.  The office entrance door had signage 
 which read ``MAJORSCREEN WORKS THE HOME OF KNOZ 96.5 
 FM...HTTP://WWW.THE916COM...''  The agents took field strength 
 measurements and determined that the signals being broadcast 
 exceeded the limits for operation under Part 15 of the 
 Commissions Rules (``Rules'')4 and therefore required a 
 license.  The agents knocked on the office door and were 
 granted entry by an individual who subsequently identified 
 himself as William Major.  Major offered his business card 
 which indicated he was associated with ``KNOZ 96.5 FM (916) 
 Radio.''  In response to the agents' questions regarding the 
 operation of the station, Major assumed responsibility for the 
 station operation.  Major could not produce a station license.  
 Major stated that he would take the station off-the-air since 
 he wanted to be in compliance so that he could apply for a Low 
 Power FM station license.  Major stated he had completed all 
 associated paperwork and had been in contact with the 
 Commission about the steps necessary to obtain a license.  The 
 agents served a Notice of Unauthorized Operation (``Notice'') 
 on Major.  Major signed the Notice to acknowledge receipt.

      4.  On January 12, 2005, an agent from the San Francisco 
 Office again monitored and used mobile direction finding 
 techniques to locate a broadcast transmission on 96.5 MHz 
 emanating from the commercial office space at 2207 16th Street, 
 Sacramento, California.  The transmission was identifying as 
 ``KNOZ LP 96.5.''  The agent made field strength measurements 
 and determined that the signals being broadcast were 
 essentially unchanged from the previous measurement.  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 agent knocked on 
 the office door, a male voice denied entry and the request for 
 inspection because the owner was not present.  The agent then 
 left another Notice at the office door.  As the agent departed 
 the area, he heard Major's voice on 96.5 MHz announcing that 
 the FCC was at the door and was trying to shut the station 
 down.6

      5.  On January 14, 2005, February 3, 2005, and March 15, 
 2005, agents from the San Francisco Office again monitored and 
 used mobile direction finding techniques to locate broadcast 
 transmissions on 96.5 MHz emanating from the commercial office 
 space at 2207 16th Street, Sacramento, California.  During each 
 observation, the transmission was identifying as ``KNOZ LP 
 96.5.''  The agents made field strength measurements and 
 determined that the signals being broadcast were essentially 
 unchanged from the previous measurements.7  The measurements 
 indicated that the station still exceeded the limits for 
 operation under Part 15 of the Rules, and, therefore, still 
 required a license.

III.      DISCUSSION

      6.  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.8  The term 
 ``repeated'' means the commission or omission of such act more 
 than once or for more than one day.9 

      7.  Section 301 of the Act requires that no person shall 
 use or operate any apparatus for the transmission of energy or 
 communications or signals by radio within the United States 
 except under and in accordance with the Act and with a license.  
 On January 5, 2005, January 12, 2005, January 14, 2005, 
 February 3, 2005 and March 15, 2005, Major apparently operated 
 radio transmitting equipment at 2207 16th Street, Sacramento, 
 California, on 96.5 MHz without the required Commission 
 authorization.  Major received notice on January 5, 2005, that 
 his operation of the station was unauthorized.  He acknowledged 
 operation of the station to Commission agents on January 5, 
 2005.  Therefore, his violation is willful.  Major's violation 
 occurred on more than one day, therefore, it is repeated.  
 Based on the evidence before us, we find Major apparently 
 willfully and repeatedly violated Section 301 of the Act by 
 operating radio transmission apparatus without a license on 
 96.5 MHz.

      8.  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 
 $10,000.10  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.11  Applying the Forfeiture Policy 
 Statement, Section 1.80, and the statutory factors to the 
 instant case, we conclude that Major is apparently liable for a 
 forfeiture of $10,000.
  
IV.  ORDERING CLAUSES

      9.  Accordingly, IT IS ORDERED that, pursuant to Section 
 503(b) of the Communications Act of 1934, as amended, and 
 Sections 0.111, 0.311, 0.314, and 1.80 of the Commission's 
 Rules, William Stephen Major 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.12

      10.      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, William Stephen Major 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 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 bycheck 
 or money order may be mailed to Federal Communications 
 Commission, P.O. Box358340,Pittsburgh, PA 15251-8340. 
 Payment by overnight mail may be sent toMellon 
 Bank/LB358340,500 Ross Street, Room 1540670, Pittsburgh, PA 
 15251. Payment by wire transfer may be made to ABA 
 Number043000261, receiving bankMellon Bank, and account 
 number911-6106.

      12.      The response, if any, must be mailed to Federal 
 Communications Commission, Enforcement Bureau, Western Region, 
 San Francisco District Office, 5653 Stoneridge Dr., Suite 105, 
 Pleasanton, CA 94588-8543, and must include the NAL/Acct. No. 
 referenced in the caption.  

      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.      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. 20554.8

      15.      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 William 
 Stephen Major; and to R. Robert Monterrosa, Esquire; and to 
 Steven C. Sanders, Esquire.


                              FEDERAL COMMUNICATIONS COMMISSION



                              
                              Thomas N. Van Stavern
                              District Director 
                              San Francisco District Office
                              Western Region
                              Enforcement Bureau



_________________________

147 U.S.C.  301.
247 U.S.C.  503(b).  
3According to Commission records, there is a pending application 
for a construction permit for a FM translator, filed by Eastern 
Sierra Broadcasting, for operation on 96.5 MHz in Sacramento, 
California.  See File No. BNPFT-20030317KKK.  
4Section 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 January 5, 2005, the 
measurements indicat
5The measurements made on January 12, 2005 indicated that the 
signal was 1,788 times greater than the maximum permissible level 
for a non-licensed Part 15 transmitter.
6On January 13, 2005, the San Francisco Office received a voice 
mail message from Robert Monterrosa (``Monterrosa''), Esquire, 
advising that he was representing Major.  On January 18, 2005, 
San Francisco Office agents received letters from Monterrosa 
which stated he was representing Major, acknowledging that Major 
was operating on 96.5 MHz.  On January 24, 2005, San Francisco 
Office District Director advised Monterrosa during a telephone 
conversation that that since Major did not hold a license to 
operate, there was no exemption for continued operation, and 
Major must discontinue operation and not resume operation until a 
license was issued.  Monterrosa advised he would confer with his 
client.
7The measurements made on January 14, 2005, indicated that the 
signal was 1,850 times greater than the maximum permissible level 
for a non-licensed Part 15 transmitter.  The measurements made on 
February 3, 2005, indicated that the signal was 1,614 times 
greater than the maximum permissible level and the measurements 
made on March 15, 2005, indicated that the signal was 1,322 times 
greater than the maximum permissible level. 
8See 47 C.F.R.  1.1914.
9Section 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.'' 
1012 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 
47 C.F.R. 1.80.
1147 U.S.C.  503(b)(2)(D).
1247 U.S.C.  503(b), 47 C.F.R.  0.111, 0.311, 0.314, 1.80.
8See 47 C.F.R.  1.1914.