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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                        )                               
                                                        
                        )                               
                                                        
     In the Matter of   )   File Number: EB-09-HU-0051  
                                                        
     Raymond Frank      )   NAL/Acct. No. 200932540003  
                                                        
     Austin, Texas      )   FRN 0019027234              
                                                        
                        )                               
                                                        
                        )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 13, 2009

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Raymond Frank 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 90.1 MHz in
       Austin, Texas. We conclude, pursuant to Section 503(b) of the Act,
       that Mr. Frank is apparently liable for a forfeiture in the amount of
       ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On January 23, 2007, in response to a complaint about an unlicensed
       radio station in the Austin, Texas area, agents from the Commission's
       Dallas Office of the Enforcement Bureau ("Dallas Office") confirmed by
       direction finding techniques that signals on the frequency 100.1 MHz
       were emanating from Mr. Frank's residence in Austin, Texas.

    3. On February 22, 2007, the Dallas Office issued a Notice of Unlicensed
       Operation to Mr. Frank warning him that the radio transmissions on
       100.1 MHz from his residence were not authorized by the Commission and
       outlining possible penalties for continued unlicensed operation. On
       March 5, 2007, the Dallas Office received a reply from Mr. Frank
       stating the transmissions had ceased.

    4. On July 22, 2009, in response to a complaint about an unlicensed radio
       station in the Austin, Texas area, agents from the Commission's
       Houston Office of the Enforcement Bureau ("Houston Office") confirmed
       by direction finding techniques that signals on the frequency 90.1 MHz
       were emanating from Mr. Frank's residence in Austin, Texas. The agents
       took field strength measurements of the signals and determined the
       signals exceeded the limits for operation under Part 15 of
       Commission's Rules ("Rules") and therefore, required a license. A
       search of the Commission's databases found no evidence of a Commission
       authorization for operation on 90.1 MHz at this location in Austin,
       Texas.

    5. On August 3, 2009, agents from the Commission's Houston Office of the
       Enforcement Bureau again confirmed by direction finding techniques
       that signals on the frequency 90.1 MHz were emanating from Mr. Frank's
       residence in Austin, Texas. The agents took field strength
       measurements of the signals and determined the signals exceeded the
       limits for operation under Part 15 of the Rules and therefore,
       required a license. A search of the Commission's databases found no
       evidence of a Commission authorization for operation on 90.1 MHz at
       this location in Austin, Texas.

   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) 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.

    7. 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. On
       July 22 and August 3, 2009, agents from the Houston Office determined
       that an unlicensed radio station on 90.1 MHz operated from Mr. Frank's
       residence. Mr. Frank was aware that such action violated the Act, as
       he received a Notice of Unlicensed Operation on February 22, 2007 for
       operating an unlicensed radio station from his residence. Based on the
       evidence before us, we find that Mr. Frank  apparently willfully and
       repeatedly violated Section 301 of the Act by operating radio
       transmission apparatus without a license on July 22, 2009 and August
       3, 2009.

    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 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 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Mr. Frank 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,
       0.314 and 1.80 of the Commission's Rules, Raymond Frank is hereby
       NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
       ten  thousand dollars ($10,000) for violations of Section 301of 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, Raymond Frank 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 credit card, check or
       similar instrument, payable to the order of the Federal Communications
       Commission. The payment must include the Account Number and FRN Number
       referenced above. Payment by check or money order may be mailed to
       Federal Communications Commission, P.O. Box 979088, St. Louis, MO
       63197-9000. Payment by overnight mail may be sent to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101. Payment by wire transfer may be made to ABA Number
       021030004, receiving bank TREAS/NYC, and account number 27000001. For
       payment by credit card, an FCC Form 159 (Remittance Advice) must be
       submitted.  When completing the FCC Form 159, enter the NAL/Account
       number in block number 23A (call sign/other ID), and enter the letters
       "FORF" in block number 24A (payment type code). Requests for full
       payment under an installment plan should be sent to:  Chief Financial
       Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.8   If you have questions, please contact the
       Financial Operations Group Help Desk at 1-877-480-3201 or Email:
       ARINQUIRIES@fcc.gov. If payment is made, Raymond Frank will send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   12. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Houston Office,
       9597 Jones Road, #362, Houston, Texas, 77065 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. 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 Raymond Frank at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Stephen P. Lee

   Resident Agent,

   Houston Office

   South Central 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 uV/m at three meters. 47 C.F.R. S:15.239.
   On July 22, 2009, field strength measurements indicated that the signals
   were 13,048 times greater than the maximum permissible level for a
   non-licensed Part 15 transmitter.

   On August 3, 2009, field strength measurements indicated that the signals
   were 15,434 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."

   47 U.S.C. S: 301.

   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)(E).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission