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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                             )                                
                                                              
                             )                                
                                                              
     In the Matter of        )     File Number: EB-06-LA-328  
                                                              
     Dwayne Simon            )   NAL/Acct. No.: 200732900011  
                                                              
     Lancaster, California   )               FRN: 0016502197  
                                                              
                             )                                
                                                              
                             )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                      Released: June 18, 2007

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Dwayne Simon, ("Simon"), apparently willfully and repeatedly
       violated Section 301 of the Communications Act of 1934, as amended
       ("Act") by operating an unlicensed radio transmitter on 95.9 MHz in
       Lancaster, California. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Simon is
       apparently liable for a forfeiture in the amount of ten thousand
       dollars ($10,000).

   II. BACKGROUND

    2. On December 30, 2006, agents from the Enforcement Bureau's Los Angeles
       office used direction finding techniques to locate unidentified
       broadcast transmissions on 95.9 MHz emanating from Simon's residence
       in Lancaster, 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") and
       therefore required a license. According to FCC records, neither Simon,
       nor any other person or entity, holds an authorization to broadcast on
       that frequency from that location. The Los Angeles agents interviewed
       Simon and inspected the station that same night. During the interview
       Simon acknowledged to the agents that he was aware of the Commission's
       requirement for a license to broadcast. Simon also acknowledged he was
       also aware of the Commission's enforcement efforts against other
       pirate broadcasters in the Lancaster, California area. The agents
       issued an on-scene Notice of Unlicensed Operation to Simon that
       advised him that his station was unlicensed and that unlicensed
       operations could result in severe penalties including civil
       forfeitures, a criminal fine and/or one year imprisonment. At the end
       of the interview Simon told the agents that he would not operate the
       station again and indicated that he would pursue an Internet-based
       radio station as an alternative.

    3. On January 24, 2007, the Commission's Los Angeles office sent a formal
       Notice of Unlicensed Operation ("Notice") to Simon, which again warned
       that unlicensed operations could subject the operator to severe
       penalties. Simon did not respond to this Notice.

    4. On April 6, 2007, Los Angeles agents again used direction finding
       techniques to locate transmissions on 95.9 MHz emanating from Simon's
       residence in Lancaster, California. The agents again took field
       strength measurements and determined that the signals being broadcast
       exceeded the limits for operation under Part 15 of the Rules and
       therefore required a license. The Los Angeles agents interviewed Simon
       again and inspected his station. Simon again acknowledged operating
       the unlicensed station on 95.9 MHz

   III. DISCUSSION

    5. 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.

    6. 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 December 30, 2006, and
       April 6, 2007, Simon apparently operated radio transmitting equipment
       at his residence in Lancaster, California, on 95.9 MHz without the
       required Commission authorization. Simon received notice on December
       30, 2006, that his operation of the station was unauthorized. He
       acknowledged operation of the station to Los Angeles agents on
       December 30, 2006. Therefore, his violation is willful. Simon's
       violation occurred on more than one day, therefore, it is repeated.
       Based on the evidence before us, we find Simon apparently willfully
       and repeatedly violated Section 301 of the Act by operating radio
       transmission apparatus without a license on 95.9 MHz.

    7. 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 a radio station 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)(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. Applying the Forfeiture Policy Statement, Section 1.80,
       and the statutory factors to the instant case, we conclude that Simon
       is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

    8. 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, Dwayne Simon is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       ten thousand dollars ($10,000) for violation of Section 301 of the
       Act.

    9. 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, Dwayne Simon SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   10. 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\001 Payment by wire transfer may be made to ABA
       Number\001043000261, receiving bank\001Mellon Bank, and account
       number\001911-6106.

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

   12. 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.

   13. 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 sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Dwayne Simon.

   FEDERAL COMMUNICATIONS COMMISSION

   Catherine Deaton

   District Director,

   Los Angeles Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S 301.

   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.
   The measurements made on December 30, 2006, indicated that the signal was
   607 times greater than the maximum permissible level for a non-licensed
   Part 15 transmitter.

   The measurements made on December 30, 2006, indicated that the signal was
   1938 times greater than the maximum permissible level for a non-licensed
   Part 15 transmitter.

   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."

   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. S 301, 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission