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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                 )                                
                                                                  
     In the Matter of            )                                
                                                                  
     Daniel K. Roberts           )    File Number: EB-09-SF-0031  
                                                                  
     a/k/a "Monkey Man"          )   NAL/Acct. No.: 200932960004  
                                                                  
     a/k/a "Monkey "             )               FRN: 0019070572  
                                                                  
     San Francisco, California   )                                
                                                                  
                                 )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: August 31, 2009

   By the District Director, San Francisco Office, Western Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Daniel K. Roberts a/k/a "Monkey Man" a/k/a "Monkey," ("Roberts")
       in San Francisco, California, apparently willfully and repeatedly
       violated Section 301  of the Communications Act of 1934, as amended,
       by operating an unlicensed broadcast radio station on 87.9 MHz in San
       Francisco, California. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Roberts is
       apparently liable for a forfeiture in the amount of ten  thousand
       dollars ($10,000).

   II. BACKGROUND

    2. Roberts is the operator of Pirate Cat Radio ("PCR") which operates a
       radio broadcast station without a license issued by the FCC on 87.9
       MHz in San Francisco, California. Roberts is also the executive of the
       Pirate Cat Cafe and Studio located at 2781 21st Street, San Francisco,
       California. In 2008, Roberts began operating PCR from a radio studio
       located at the Pirate Cat Cafe and Studio. According to the PCR
       website (www.piratecatradio.com), which prominently features Roberts,
       PCR describes itself as "unlicensed low powered community radio"
       located at the same address as the Pirate Cat Cafe and Studio. The
       Enforcement Bureau's San Francisco Office has issued numerous warnings
       and Notices of Unlicensed Operation (NOUOs) to Roberts and PCR
       concerning unlicensed radio operations and detailing the potential
       penalties for operating an unlicensed radio station, and for further
       violations of the Communications Act and FCC rules.

    3. On April 28, 2009, agents from the San Francisco Office, using radio
       direction-finding methods, determined that the transmission source of
       a radio signal on 87.9 MHz was an antenna on the roof of a residence
       at 841 Corbett Avenue, San Francisco, California. The agents took
       field strength measurements of the signals and determined the signals
       being broadcast exceeded the limits for operation under Part 15 of the
       Commission's Rules ("Rules") and therefore required a license.
       Searches of the Commission databases found no evidence of a Commission
       authorization for this operation on 87.9 MHz in San Francisco,
       California.

    4. On April 29, 2009, agents from the San Francisco Office, using radio
       direction-finding methods, determined that the transmission source of
       the unlicensed radio signals on 87.9 MHz was once again the antenna on
       the roof of 841 Corbett Avenue, San Francisco, California. The agents
       took field strength measurements of the signals and again determined
       the signals being broadcast exceeded the limits for operation under
       Part 15 of the Rules, and therefore required a license. Previous
       searches of the Commission databases found no evidence of a Commission
       authorization for this operation on 87.9 MHz in San Francisco,
       California. Later on April 29, 2009, the agents observed Roberts
       operating and controlling the unlicensed radio station on 87.9 MHz
       from the Pirate Cat Cafe and Studio, at 2781 21st Street, San
       Francisco, California. The agents subsequently monitored PCR and
       located the signal again emanating from 841 Corbett Avenue, San
       Francisco, California. The agents identified Roberts as the voice on
       the unlicensed transmissions on 87.9 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 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.
       Section 3(33) of the Act defines "communications by radio" as "the
       transmission by radio of writing, signs, signals, pictures, and sounds
       of all kinds, including all instrumentalities, facilities, apparatus,
       and services (among other things the receipt, forwarding, and delivery
       of communications) incidental to such transmission."6 On April 28 and
       29, 2009, FCC San Francisco agents determined that an unlicensed radio
       station was transmitting on 87.9 MHz from 841 Corbett Avenue in San
       Francisco, California. On April 29, 2009, the San Francisco agents
       determined that the station was controlled from the Pirate Cat Cafe
       and Studio, 2781 21st Street, San Francisco, California, with Roberts
       operating the station and providing services incidental to the
       provision of the transmission of PCR on 87.9 MHz.7 Despite numerous
       warnings, Roberts has continued to operate PCR without a license
       issued by the FCC. Therefore, Roberts' violation was willful. The
       violation occurred on more than one day, therefore, it was repeated.
       Based on the evidence before us, we find that Roberts apparently
       willfully and repeatedly violated Section 301 of the Act by operating
       radio transmission apparatus without a license on 87.9 MHz in San
       Francisco, California.

    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 of a radio transmitter 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,
       and the statutory factors to the instant case, we conclude that
       Roberts 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, Daniel K. Roberts a/k/a
       "Monkey Man" a/k/a "Monkey" 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 Communications Act of
       1934, as amended.

    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, Daniel K. Roberts  a/k/a
       "Monkey Man" a/k/a "Monkey," 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. The
       payment must include the NAL/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.    Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. Daniel K. Roberts a/k/a "Monkey Man"
       a/k/a "Monkey"  will also send electronic notification on the date
       said payment is made to WR-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, San Francisco Office,
       5653 Stoneridge Drive, Suite 105, Pleasanton, CA 94588-8543  and must
       include the NAL/Acct. No. referenced in the caption. An electronic
       copy shall be sent to WR-Response@fcc.gov.

   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. 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 Daniel K. Roberts a/k/a "Monkey Man"
       a/k/a "Monkey."

   FEDERAL COMMUNICATIONS COMMISSION

   Thomas N. Van Stavern

   District Director

   San Francisco Office

   Western Region

   Enforcement Bureau

   47 U.S.C. S: 301.

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

   The PCR website also mistakenly claims its unlicensed operation is
   sanctioned by Section 73.3542 of the Rules, 47 C.F.R. S: 73.3542. We note
   that authority to operate pursuant to this Section must be granted by the
   FCC, and that the burden is on the applicant to show the required
   "extraordinary circumstances" to support such a grant. A-O Broadcasting
   Corporation, 23 FCC Rcd 603, 614 (2008). There is no record that Roberts
   and PCR have ever received such a grant of authority from the Commission.
   Additionally, the frequency used without authority by Roberts and PCR is
   87.9 MHz, which is not allocated to the FM broadcast band. See Section
   73.201 of the Rules, 47 C.F.R. S: 73.201.

   See, e.g.,  Notice of Unlicensed Operation to Daniel K. Roberts, (San
   Francisco Office, March 7, 2006); Notice of Unlicensed Operation to Jason
   Seifert, (San Francisco Office, April 20, 2006);  Notice of Unlicensed
   Operation to Josh Goodwin, (San Francisco Office, June 27, 2006);  Notice
   of Unlicensed Operation to Alexander Ness, (San Francisco Office, March
   29, 2007);  On-Scene Notice of Unlicensed Operation, (San Francisco
   Office, August 18, 2008).

   Section 15.239 of the Rules provides that non-licensed broadcasting in the
   88 to  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. Fundamental emissions from intentional radiators are not permitted
   in the band 76 to 88 MHz. 47 C.F.R. S: 15.209(a).  On April 28, 2009, the
   measurements indicated that the signal was more than 4,000 times greater
   than the maximum permissible level for a non-licensed Part 15 transmitter
   in the 88 to  108 MHz band and more than 10,000 times greater than the
   maximum permissible level in the 76 to 88 MHz band.

   On April 29, 2009, the measurements indicated that the signal was more
   than 3,000 times greater than the maximum permissible level for a
   non-licensed Part 15 transmitter in the 88 to 108 MHz band and more than
   8,000 times greater than the maximum permissible level in the 76 to 88 MHz
   band.

   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."

   6 47 U.S.C. S: 153(33).

   7  See Joni K. Craig, 21 FCC Rcd 10793 (EB 2006).

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

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

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission