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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                               
                                                           
                           )                               
                                                           
     In the Matter of      )    File Number: EB-06-KC-067  
                                                           
     Matthew H. Britcher   )   NAL/Acct. No. 200632560003  
                                                           
     Bettendorf, IA        )               FRN 0015021801  
                                                           
                           )                               
                                                           
                           )                               



                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: June 9, 2006

   By the District Director, Kansas City District Office, South Central
   Region, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Matthew H. Britcher ("Britcher"), apparently willfully and
       repeatedly violated Sections 301 and 303(n) of the Communications Act
       of 1934, as amended ("Act"), by operating an unlicensed radio
       transmitter and by refusing to allow inspection of the station. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that Britcher is apparently liable for
       forfeiture in the amount of seventeen thousand dollars ($17,000).

   II. BACKGROUND

    2. On April 10, 2006, the Enforcement Bureau's Kansas City Office
       received information concerning an unauthorized broadcast station
       operating on 103.3 MHz in Bettendorf, Iowa. A search of the
       Commission's databases revealed no authorization for a broadcast
       station to operate on 103.3 MHz in Bettendorf, Iowa.

    3. On April 18, 2006, a Kansas City agent monitored broadcast
       transmissions on 103.3 MHz in Bettendorf, Iowa. A voice on the
       broadcast identified the station as "power one-oh-three." The agent,
       using direction finding techniques, located the transmissions on 103.3
       MHz to the Northwest Bank building located at 2550 Middle Road,
       Bettendorf, Iowa. The agent 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") and
       therefore required a license. The building manager told the agent that
       the only radio station he knew of in the building was "PMOR/Class Act
       Entertainment" which the manager said broadcast over the internet. The
       agent went to the roof of the building and confirmed that radio
       transmissions emanated from an antenna mounted on the roof. At the
       agent's request, the building manager telephoned the contact for
       "PMOR/Class Act Entertainment" and Britcher arrived a short time
       later. Britcher identified himself as the "promotions director" of
       "103.3." Britcher stated that the radio station did not need a license
       because the station operated pursuant to "the War Powers Act." The
       agent hand-delivered a Notice of Unlicensed Radio Operation ("Notice")
       and a copy of Section 301 of the Act to Britcher. The agent requested
       to inspect the radio station inside the office space leased by
       Britcher, but Britcher refused stating "there was no warrant." The
       agent told Britcher of his obligation to allow an inspection of the
       station pursuant to Section 303(n) of the Act, and Britcher still
       refused.

    4. On April 19, 2006, an agent from the Commission's Kansas City Office
       again monitored broadcast transmissions on 103.3 MHz in Bettendorf,
       Iowa, and, using direction finding techniques, located broadcast
       transmissions on 103.3 MHz to 2550 Middle Road in Bettendorf, Iowa.
       The agent made field strength measurements and determined that the
       station still exceeded the limits for operation under Part 15 of the
       Rules and, therefore, still required a license.

    5. On May 11, 2006, the Kansas City office received a written response
       ("Response") to the Notice issued to Britcher on April 18, 2006. The
       Response stated that the station "Power Hits 103.3" has authority to
       operate pursuant to 47 C.F.R. S 73.3542, and that the station has
       applied for authority according to that section.

   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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    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. In particular, Section 301
       states that "[n]o person shall use or operate any apparatus for the
       transmission of energy or communications or signals by radio (a) from
       one place in any State, Territory, or possession of the United States
       or in the District of Columbia to another place in the same State,
       Territory, possession, or District;  . . . except under and in
       accordance with this chapter and with a license in that behalf granted
       under the provisions of this chapter."  On April 18, 2006, and April
       19, 2006, Britcher operated radio transmitting equipment at 2550
       Middle Road, Bettendorf, Iowa, on 103.3 MHz without the required
       Commission authorization. Britcher acknowleged that he operated the
       radio station but claimed authority under either the "War Powers Act"
       and/or 47 C.F.R. S 73.3542. Britcher provided no evidence of any
       authority granted by the Commission to operate this station. Britcher
       was warned that his operation was unlicensed yet he continued to
       operate the unlicensed station. Based on the evidence before us, we
       find Britcher apparently willfully and repeatedly violated Section 301
       of the Act by operating radio transmission apparatus without a license
       on 103.3 MHz in Bettendorf, Iowa, on April 18 and 19, 2006.

    8. Section 303(n) of the Act states that the Commission has the authority
       to inspect all radio

   installations associated with stations required to be licensed to
   ascertain whether, in operation, they conform to the requirements of the
   rules and regulations of the Commission. On April 18, 2006, the agent
   requested to inspect Mr. Britcher's radio station, which was in operation
   at the time, but he refused to allow the inspection. Britcher was advised
   of the Commission's authority to inspect the station and was again
   requested to allow the inspection, but he refused. Based on the evidence
   before us, we find Britcher apparently willfully and repeatedly violated
   Section 303(n) of the Act by failing to allow an inspection of his radio
   station.

    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 operation without an instrument of
       authorization is $10,000. The base amount for failure to permit
       inspection of a radio station is $7,000.  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. Applying the Forfeiture Policy Statement, Section 1.80,
       and the statutory factors to the instant case, we conclude that Mr.
       Britcher is apparently liable for a $17,000 forfeiture

   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, Matthew H. Britcher is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of seventeen
       thousand dollars ($17,000) for violations of Sections 301 and 303(n)
       of the Act.

   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, Matthew H. Britcher 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.\001 The
       payment must include the NAL/Acct. No. and FRN No. referenced
       above.\001 Payment by\001check or money order may be mailed to Federal
       Communications Commission, P.O. Box\001358340,\001Pittsburgh, PA
       15251-8340.\001 Payment by overnight mail may be sent to\001Mellon
       Bank\001/LB\001358340,\001500 Ross Street, Room 1540670, Pittsburgh,
       PA 15251.\001\001Payment by wire transfer may be made to ABA
       Number\001043000261, receiving bank\001Mellon Bank, and account
       number\001911-6106.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Kansas City
       District Office, 520 NE Colbern Road, Lee's Summit, MO 64086-4711, 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:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   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 Matthew H. Britcher, with an
       additional copy to Britcher's legal counsel, Arshia Javaherian, The
       Law Center, 329 18^th Street, Suite 600, Rock Island, Illinois 61201.

   FEDERAL COMMUNICATIONS COMMISSION

   Robert C. McKinney

   District Director

   Kansas City District Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. SS 301, 303(n).

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

   Section 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 mV/m at three meters. 47 C.F.R. S 15.239.
   On April 18, 2006, the measurements indicated that the signal was 28642
   times greater than the maximum permissible level for a non-licensed Part
   15 transmitter. Devices compliant with Part 15 typically have a range of
   less than one mile.

   The measurements made on April 19, 2006, indicated that the signal was
   33,520 times greater than the maximum permissible level for a non-licensed
   Part 15 transmitter.

   The Response was by legal counsel stating he represented both Britcher and
   Jason Duncan, another operator of the unlicensed radio station. The
   Response stated it served as a formal response to both the Notice issued
   to Britcher and a Notice of Unlicensed Operation mailed to Jason Duncan.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S 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."

   47 U.S.C. S 301.

   47 U.S.C. S 303(n).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80; 47 U.S.C. SS 301,
   303(n).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission