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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                               
                                                          
                          )                               
                                                          
                          )                               
     In the Matter of         File Number: EB-06-CG-064   
                          )                               
     Steven A. Skalecki       NAL/Acct. No: 200832320001  
                          )                               
     Milwaukee, WI            FRN: 0017228933             
                          )                               
                                                          
                          )                               
                                                          
                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                  Released: December 14, 2007

   By the District Director, Chicago District Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Steven A. Skalecki apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed radio transmitter on the frequency 92.9 MHz in
       Milwaukee, WI. We conclude, pursuant to Section 503(b) of the Act,
       that Steven A. Skalecki is apparently liable for a forfeiture in the
       amount of ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On March 25, 2006, in response to a complaint, Commission agents,
       using a mobile direction-finding vehicle, monitored the frequency 92.9
       MHz in Milwaukee, WI. The agents observed a radio station broadcasting
       on 92.9 MHz and determined that the station was operating from a
       single family residence at 9026 West Burdick Avenue, Milwaukee,
       Wisconsin, 53227. The agents  subsequently 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 Agents knocked on the
       front door of 9026 West Burdick Avenue, but there was no response. A
       Notice of Unlicensed Operation ("NOUO") was left between the glass
       panes in the front storm door. The NOUO warned Skalecki that operation
       of the unlicensed radio station on 92.9 MHz violated Section 301 of
       the Act and outlined the potential penalties for such a violation,
       including seizure of the equipment, fines and imprisonment. The NOUO
       also directed Skalecki to terminate operation of the unlicensed
       station immediately.

    3. An agent subsequently searched Commission databases and found no
       evidence of a Commission authorization for this operation on 92.9 MHz
       in Milwaukee, Wisconsin. The agent also searched City of Milwaukee
       property tax records and found that Steven A. Skalecki is listed in
       those records as the owner of 9026 West Burdick Avenue. The agent
       further determined that Mr. Skalecki is the individual responsible for
       the utilities at 9026 West Burdick Avenue.

    4. On April 17, 2006, the Chicago District Office sent, via certified
       mail, return receipt requested, a Notice of Unlicensed Operation
       ("NOUO") addressed to Steven A. Skalecki at 9026 West Burdick Avenue,
       Milwaukee, Wisconsin 53227. The NOUO warned Skalecki that operation of
       the unlicensed radio station on 92.9 MHz violated Section 301 of the
       Act and outlined the potential penalties for such a violation,
       including seizure of the equipment, fines and imprisonment. The NOUO
       also directed Skalecki to terminate operation of the unlicensed
       station immediately and provided Skalecki ten days to reply. The
       return receipt from the U.S. Postal Service shows that Mr. Skalecki
       signed for and received the NOUO on April 24, 2006. 

    5. On May 6, 2006, Commission agents, using a mobile direction-finding
       vehicle, monitored the frequency 92.9 MHz in Milwaukee, WI. The agents
       again observed a radio station broadcasting on 92.9 MHz and determined
       that the station was operating from 9026 West Burdick Avenue in
       Milwaukee, Wisconsin. The agents  subsequently 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. No one answered the front door.

    6. On May 10, 2006, the Chicago office received a response ("Response")
       to the NOUO issued to Skalecki. In the  Response, Mr. Skalecki denied
       having any broadcast equipment and also stated that no local
       broadcasts can be heard on 92.9 MHz.  In the Response,  Mr. Skalecki
       also acknowledged receipt of the NOUO left in the front storm door of
       9026 West Burdick Avenue by Commission Agents on March 25, 2006.

    7. On February 14, 2007 the Chicago District Office received a letter
       from Kettle-Moraine Community Radio, Inc. ("Kettle-Moraine"),
       permittee of station WFAQ-LP, Mukwonago. In the letter, Kettle-Moriane
       states that WFAQ-LP has been issued a construction permit for a low
       power station on 92.9 MHz in Mukwonago, WI, and has been  experiencing
       co-channel interference on 92.9 Mhz during test broadcasts.
       Kettle-Moraine further stated its belief that the interference is
       coming from an unlicensed station broadcasting from Milwaukee, WI.

    8. On March 1, 2007, a Commission agent, using a mobile direction-finding
       vehicle, monitored the frequency 92.9 MHz in Milwaukee, WI. The agent
       again observed a radio station broadcasting on 92.9 MHz and determined
       that the station was operating from 9026 West Burdick Avenue in
       Milwaukee, Wisconsin. The agent subsequently 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.

    9. On March 14, 2007, Commission agents, using a mobile direction-finding
       vehicle, monitored the frequency 92.9 MHz in Milwaukee, WI. The agents
       again observed a radio station broadcasting on 92.9 MHz and determined
       that the station was operating from 9026 West Burdick Avenue in
       Milwaukee, Wisconsin.  The Agents knocked on the front door of 9026
       West Burdick Avenue, but there was no response.

   10. On May 24, 2007, a Commission agent, using a mobile direction-finding
       vehicle, monitored the frequency 92.9 MHz in Milwaukee, WI. The agent
       again observed a radio station broadcasting on 92.9 MHz and determined
       that the station was operating from 9026 West Burdick Avenue in
       Milwaukee, Wisconsin. The agent subsequently 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. No one answered the front door.

   11. On May 28, 2007, a Commission agent monitored the frequency 92.9 MHz
       in Milwaukee, WI. The agent again observed a radio station
       broadcasting on 92.9 MHz and determined that the station was operating
       from 9026 West Burdick Avenue in Milwaukee, Wisconsin.  No one
       answered the front door. The agent interviewed a neighbor who
       confirmed that Steven Skalecki lived at this address.

   III. DISCUSSION

   12. 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) of the Act 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.

   13. Section 301 of the Act states 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 granted under the provisions of the Act.
       Agents determined that, on March 25, 2006, May 6, 2006, March 1, 2007,
       March 14, 2007 and May 24, 2007, an unlicensed radio station was
       broadcasting on 92.9 MHz from 9026 West Burdick Avenue in Milwaukee,
       Wisconsin. Agents further determined that Skalecki owns 9026 West
       Burdick Avenue. The Chicago District Office issued a NOUO to Skalecki
       notifying him that the operation of his station was unauthorized and
       must cease immediately. The return receipt from the U.S. Postal
       Service shows that Mr. Skalecki signed for the NOUO on April 24, 2006.
       Because Skalecki continued to operate his station even after being
       warned, we find that Skalecki's violation was willful. Skalecki's
       violation occurred on more than one day, therefore it is repeated.

   14. Based on the evidence before us, we find that Skalecki willfully and
       repeatedly violated Section 301 of the Act by operating radio
       transmission equipment on 92.9 MHz in Milwaukee, Wisconsin, on March
       25, 2006, May 6, 2006, March 1, 2007, March 14, 2007, and May 24,
       2007, without a Commission authorization.

   15. 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)(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, a $10,000 forfeiture is warranted.

   IV. ORDERING CLAUSES

   16. 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, Steven A. Skalecki 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.

   17. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules, within thirty (30) days of the release date of
       this Notice of Apparent Liability for Forfeiture, Steven A. Skalecki
       SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a
       written statement seeking reduction or cancellation of the proposed
       forfeiture.

   18. 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 Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   19. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Chicago District
       Office, 1550 North Northwest Hwy, Suite 306, Park Ridge, IL 60068,
       within thirty (30) days from the release date of this Notice of
       Apparent Liability for Forfeiture and must include the NAL/Acct. No.
       referenced in the caption.

   20. 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.

   21. 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, 1A625, 445 12th
       Street, S.W., Washington, D.C. 20554.

   22. 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 Steven A. Skalecki at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   James M. Roop

   District Director

   Chicago District Office

   Northeast 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. Measurements showed that the field strength of the station's
   signal exceeded the 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.
   S:1.80.

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

   47 C.F.R. S:S: 0.111, and 0.311.

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission