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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                )                               
                                                                
     In the Matter of           )   File Number: EB-06-MA-046   
                                                                
     Adilson Alves de Almeida   )   NAL/Acct. No. 200732600001  
                                                                
     Boca Raton, Florida        )   FRN: 0009331521             
                                                                
                                )                               

                                )                               


                                 Corrected Copy

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: April 19, 2007

   By the Resident Agent, Miami Field Office, South Central Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Adilson Alves de Almeida, apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       ("Act"), by operating an unlicensed radio transmitter. We conclude,
       pursuant to Section 503(b) of the Act, that Mr. de Almeida is
       apparently liable for forfeiture in the amount of ten thousand dollars
       ($10,000).

   II. BACKGROUND

    2. On December 6, 2006, in response to a complaint of interference from
       an authorized government user, resident agents from the Commission's
       Miami Office of the Enforcement Bureau ("Miami Office") investigated
       unlicensed radio activity in the Boca Raton area. The agents monitored
       transmissions on the frequency 294.080 MHz from over 4 miles from the
       signal's source. The agents, using mobile direction-finding
       techniques, located the transmissions to Mr. de Almeida's residence in
       Boca Raton.

    3. On December 27, 2006, resident agents returned to Boca Raton and
       monitored transmissions on the frequency 296.550 MHz from over 4 miles
       from the signal's source. The agents, using mobile direction-finding
       techniques, located the transmissions to Mr. de Almeida' residence.
       The agents observed a Yagi-type antenna mounted at the roof level in
       the back of the residence.

    4. On January 11, 2007, resident agents returned to Boca Raton and
       monitored transmissions on the frequency 294.023 MHz from over 4 miles
       from the signal's source. The agents, using mobile direction-finding
       techniques, again located the transmissions to Mr. de Almeida's
       residence. The agents observed a Yagi-type antenna mounted at the roof
       level in the back of the residence.

    5. Based on the agents' experience with Yagi-type antennas and the
       distance over which the signals were heard, the agents determined that
       the signals broadcasted on December 6 and 27, 2006 and January 11,
       2007 exceeded the limits for operation under Part 15 of the
       Commission's Rules ("Rules") and therefore required a license.
       Pursuant to the Table of Allocations, the 267-322 MHz Band is
       allocated solely for Federal Government Use. As a non-governmental
       entity, Mr. de Almeida is not eligible to receive a license to operate
       in the 267-322 MHz Band.

   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."  Agents from the Miami Office
       determined that, on December 6 and 27, 2006 and January 11, 2007, an
       unlicensed radio station operated on 294.080, 296.550, and 294.023
       MHZ, respectively, from Mr. de Almeida's residence in Boca Raton,
       Florida. Mr. de Almeida is not eligible for a license to operate on
       these frequencies. Based on the evidence before us, we find Mr. de
       Almeida apparently willfully and repeatedly violated Section 301 of
       the Act by operating radio transmission apparatus without a license.

    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 operation without an instrument of
       authorization 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)(E) 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. de
       Almeida is apparently liable for a $10,000 forfeiture

   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 and
       1.80 of the Commission's Rules, Adilson Alves  de Almeida 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. 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, Adilson Alves  de Almeida
       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.\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.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Miami Field
       Office, 2210 NW 82^nd Avenue, Miami, FL 33122, 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:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   14.   IT IS FURTHER ORDERED that a copy of this Notice of Apparent
   Liability for

   Forfeiture shall be hand delivered to Adilson Alves  de Almeida at his
   address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Marcus D. Stevens

   Resident Agent

   Miami Field Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S 301.

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

   Section 15.209 of the Rules provides that non-licensed broadcasting
   between 216-960 MHz band is permitted only if the field strength of the
   transmission does not exceed 200 mV/m at three meters. 47 C.F.R. S 15.209.
   Devices compliant with Part 15 typically have a range of less than one
   mile.

   47 C.F.R. S 2.106.

   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.

   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)(E).

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

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission