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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number: EB-07-TP-164
Henry Gaye ) NAL/Acct. No. 200832700006
Lake Park, Florida ) FRN: 0016964439
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 9, 2008
By the District Director, Tampa Field Office, South Central Region,
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Henry Gaye, 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. Gaye is apparently liable for
forfeiture in the amount of ten thousand dollars ($10,000).
2. On August 7 and 8, 2007, agents from the Commission's Tampa Office of
the Enforcement Bureau ("Tampa Office") investigated a complaint of an
unlicensed radio station operating on 100.1 MHz in Stuart, Florida.
The agents, using direction finding techniques, located transmissions
on 100.1 MHz to an antenna mounted on a tower in Stuart, Florida. 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. A search of the Commission's databases revealed no
authorization for a broadcast station on that frequency at that
3. On August 15, 2007, agents from the Tampa Office were present when the
Martin County Sheriff's Office executed a search warrant of the
property identified on August 7 and 8 in Stuart, Florida. The agents
found an antenna connected to a transmitter located in a locked metal
box at the base of the tower. Mr. Gaye was at the scene when the
search warrant was executed and possessed a key that unlocked the
metal box that contained the transmitting equipment.
4. On August 15, 2007, agents from the Tampa Office interviewed Mr. Gaye.
He stated that he owned the transmitting equipment, rented space on
the tower in Stuart, Florida, and was responsible for the operation of
the unlicensed radio station. He also stated he used an internet site
from his office location in Melbourne, Florida to control the
transmitter remotely. Finally, he admitted that he knew that his
operation of the station was illegal.
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) 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.
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. In particular, Section 301
of the Act 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 Tampa
Office determined that, on August 7 and 8, 2007, an unlicensed radio
station operated on 100.1 MHz from an antenna located in Stuart,
Florida. On August 15, 2007, during the execution of a search warrant,
Mr. Gaye possessed a key to a locked metal box, which housed the
transmitter, which was connected to the antenna on the tower in
Stuart, Florida. On August 15, 2007, Mr. Gaye stated that he owned all
of the transmitting equipment, rented space on the tower in Stuart,
Florida, and paid for part of the electric bill for the tower.
Finally, he admitted that he was aware that his operation of an
unlicensed radio station was illegal. Based on the evidence before us,
we find Mr. Gaye apparently willfully and repeatedly violated Section
301 of the Act by operating radio transmission apparatus without a
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 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 of the
Rules, and the statutory factors to the instant case, we conclude that
Mr. Gaye 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 and
1.80 of the Commission's Rules, Henry Gaye 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.
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, Henry Gaye SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
10. 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.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Field
Office, 2203 N. Lois Ave., Room 1215, Tampa, Florida 33607, 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
Forfeiture shall be sent by Certified Mail, Return Receipt Requested, and
regular mail, to Henry Gaye at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Field Office
South Central Region
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. On August 7 and 8, 2007, the measurements indicated that the
signals were 50,005, and 63,498 times greater, respectively, 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."
47 U.S.C. S: 301.
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80.
See 47 C.F.R. S: 1.1914.
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Federal Communications Commission
Federal Communications Commission