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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                         )                                
                                                          
                         )                                
                                                          
     In the Matter of    )   File No: EB-08-TP-0342       
                                                          
     Frankie Grover      )   NAL/Acct. No.: 200932700006  
                                                          
     Lakeland, Florida   )   FRN: 0019037555              
                                                          
                         )                                
                                                          
                         )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                    Released: August 18, 2009

   By the District Director, Tampa Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Frankie Grover, apparently willfully and repeatedly violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed radio transmitter on 87.9 MHz in Lakeland,
       Florida. We conclude, pursuant to Section 503(b) of the Act, that Mr.
       Grover is apparently liable for a forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. On October 2, 2008, in response to a complaint that Mr. Grover was
       operating an unlicensed radio station in Lakeland, Florida, agents
       from the Commission's Tampa Office of the Enforcement Bureau ("Tampa
       Office"), used direction finding techniques, to locate the source of
       broadcast transmissions on 87.9 MHz to the Kingston Lakeside Inn
       ("Lakeside Inn") in Lakeland, 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. According to Commission
       records, neither Mr. Grover, nor any other person or entity, holds an
       authorization to broadcast on that frequency from any location in the
       state of Florida.

    3. While monitoring the station on October 2, 2008, agents from the Tampa
       Office heard the station air a callsign of WGBC FM. This callsign is
       not listed in the Commission's databases. Also on October 2, 2008, the
       agents observed a vehicle registered to Mr. Grover parked in the
       driveway of his home with a personalized license tag of "WGBC 1." The
       vehicle contained advertising on the rear window for the "Frankie
       Grover Morning Show" for "WGBC FM.BIZ." The advertisement listed the
       address of the Lakeside Inn in Lakeland, Florida where the unlicensed
       radio station was found earlier in the day.

    4. On October 3, 2008, agents from the Tampa Office visited WGBC's
       webpage, http://www.wgbcfm.biz/, which lists Mr. Grover as the CEO of
       WGBCFM. The website also listed daily show times for different DJ's
       including the "Frankie Grover Morning Show" from 7-10 am Monday
       through Friday.

    5. On October 7, 2008 and again on November 6, 2008, agents from the
       Tampa Office continued their investigation of 87.9 MHz in Lakeland,
       Florida. Using direction finding techniques, agents again located the
       source of unidentified broadcast transmissions on 87.9 MHz to the
       Lakeside Inn located in Lakeland, Florida. Advertisements for WGBC FM
       biz were located on windows of several ground level suites at the
       Lakeside Inn. The agents 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.
       According to Commission records, neither Mr. Grover, nor any other
       person or entity, holds an authorization to broadcast on that
       frequency from any location in the state of Florida.

    6. During the morning of November 7, 2008, agents from the Tampa Office
       observed that the unlicensed radio station was broadcasting at 87.9
       MHz from the Lakeside Inn in Lakeland, Florida and heard an individual
       identify himself as Frankie Grover during the "Frankie Grover Morning
       Show." The agents inspected the radio station and observed Mr. Grover
       on the air. The agents interviewed Mr. Grover, who admitted that he
       was solely responsible for setting up and operating the broadcast
       station on 87.9 MHz. Mr. Grover admitted he did not have a license to
       operate on 87.9 MHz but stated that on an unspecified date and time he
       spoke to an unidentified person at the FCC who told him it was okay to
       broadcast as long as no one complained and there was no interference.

   III. DISCUSSION

    7. 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.

    8. 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 October 2 and 7, and
       November 6 and 7, 2008, agents from the Tampa Office observed an
       unlicensed radio station operating on 87.9 MHz from the Lakeside Inn
       in Lakeland, Florida. The station identified itself on the air and
       advertised itself as WGBC. Station advertisements and materials stated
       that Mr. Grover broadcast a radio program on the station and was the
       station CEO. Mr. Grover admitted that he was solely responsible for
       setting up and operating the radio station, which did not have a
       license, from the Lakeside Inn. Although Mr. Grover states he believed
       no license was necessary to operate his station, that belief was
       mistaken. Moreover, his belief that his actions did not violate the
       Act is irrelevant as to whether his violation was willful, as he
       intentionally operated the station. Based on the evidence before us,
       we find Mr. Grover apparently willfully and repeatedly violated
       Section 301 of the Act by operating radio transmission apparatus
       without a license on 87.9 MHz from the Lakeside Inn.

    9. 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)(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. Grover is apparently liable for a $10,000 forfeiture.

   IV. ORDERING CLAUSES

   10. 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, Frankie Grover 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.

   11. 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, Frankie Grover SHALL PAY
       the full amount of the proposed forfeiture or SHALL FILE a written
       statement seeking reduction or cancellation of the proposed
       forfeiture.

   12. 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 the 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 from 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. 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, Mr. Grover will send
       electronic notification on the date said payment is made to
       SCR-Response@fcc.gov.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Office,
       2203 N Lois Avenue, Room 1215, Tampa, Florida 33607 and must include
       the NAL/Acct. No. referenced in the caption.

   14. 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.

   15. 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 Frankie Grover at his address of
       record.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph Barlow

   District Director,

   Tampa Office

   Southeast 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
   30-88 MHz band is permitted only if the field strength of the transmission
   does not exceed 100 mV/m at three meters. 47 C.F.R. S: 15.239. The
   measurements made on October 2, 2008, indicated that the signal was 3,942
   times greater than the maximum permissible level for a non-licensed Part
   15 transmitter.

   The measurements made on October 7, 2008, indicated that the signal was
   5,221 times greater than the maximum permissible level for a non-licensed
   Part 15 transmitter and the measurements made on November 6, 2008,
   indicated that the signal was 5,157 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."

   We note that Mr. Grover was familiar with the Commission's rules regarding
   broadcast stations, as he was formerly the President of AM Station WHNR,
   facility ID 21766, Cypress Gardens, Florida.

   The Commission has consistently stated that ignorance of the law is not a
   mitigating factor.  Southern California Broadcasting Co., Memorandum
   Opinion and Order, 6 FCC Rcd 4387 (1991), citing  Vernon Broadcasting,
   Inc., Memorandum Opinion and Order, 60 RR 2d 1275, 1277 (1986) and Fay
   Neel Eggleston, Memorandum Opinion and Order, 19 FCC 2d 829 (1969).

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission