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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554


In the Matter of                        )
                              )
Rev. Dr. Philius Nicolas                )    File No. EB-01-
NY-493
                              )    NAL/Acct. No. 
200232380001
Brooklyn, New York                 )    FRN: 0006-0775-23 


                MEMORANDUM OPINION AND ORDER

     Adopted:  November 22, 2002                  Released:  
November 26, 2002 

By the Chief, Enforcement Bureau:

                               
     1.   In this Memorandum  Opinion and Order (``Order''), 
we  grant  in   part  and  deny  in  part   a  Petition  for 
Reconsideration filed  by Rev.  Dr. Philius  Nicolas (``Rev. 
Dr.  Nicolas'')  of  a  Forfeiture  Order  issued  to  him,1 
imposing  a  $10,000  forfeiture for  willful  violation  of 
Section 301  of the Communications  Act of 1934,  as amended 
(``Act'').2  The noted violation involved Rev. Dr. Nicolas's 
operation  of  a radio  transmitter  on  frequency 88.1  MHz 
without a license.  

     2.   On January 10, 2002,  the District Director of the 
Commission's  New York,  New York  Field Office  (``New York 
Office'')  issued   a  Notice  of  Apparent   Liability  for 
Forfeiture (``NAL'')3 in  the amount of $10,000  to Rev. Dr. 
Nicolas.  The  NAL was based  on a  finding by the  New York 
Office that  on September 12,  2000; November 16,  2001; and 
November 17, 2001, Rev. Dr.  Nicolas was responsible for the 
operation  of  radio  transmission equipment  on  88.1  MHz, 
without a  Commission authorization in willful  and repeated 
violation of Section  301 of the Act.  Rev.  Dr. Nicolas did 
not respond  to the NAL,  and on June  5, 2002, we  issued a 
Forfeiture Order affirming the  $10,000 forfeiture issued to 
Rev. Dr.  Nicolas for  the violation of  Section 301  of the 
Act.  On July 5, 2002, Rev. Dr. Nicolas filed a Petition for 
Reconsideration of our Forfeiture Order.  

     3.   Posing  no  challenge  to  our  finding  that  his 
unlicensed operation  violated Section 301 of  the Act, Rev. 
Dr. Nicolas,  in his  Petition for  Reconsideration requests 
cancellation of  the forfeiture.  Rev. Dr.  Nicolas contends 
that imposition of all or part of the forfeiture would cause 
a severe financial hardship.  In support of this contention, 
Rev. Dr. Nicolas submits federal  income tax returns for tax 
years 1998,  1999, and 2000.  After  reviewing the financial 
documentation  presented,  in  accord  with  the  discretion 
provided  to  us   by  Section  504(b)  of   the  Act,4  and 
implemented by  Section 1.80(i)  of the Rules,5  we conclude 
that  reduction  of  the  $10,000 forfeiture  to  $1,000  is 
warranted in this case.  We have reviewed Rev. Dr. Nicolas's 
remaining arguments  and conclude  that they do  not support 
further mitigation or cancellation of the forfeiture. 
 
     4.   Accordingly,  IT  IS  ORDERED  that,  pursuant  to 
Section 405  of the  Act6 and Section  1.106 of  the Rules,7 
Rev. Dr.  Philius Nicolas's Petition for  Reconsideration IS 
GRANTED TO THE  EXTENT NOTED HEREIN AND DENIED  IN ALL OTHER 
RESPECTS.

     5.   Payment of the $1,000  forfeiture shall be made in 
the manner provided for in  Section 1.80 of the Rules within 
30 days of the release of this Order.8  If the forfeiture is 
not  paid  within the  period  specified,  the case  may  be 
referred  to  the  Department   of  Justice  for  collection 
pursuant to Section 504(a) of the Act.9  Payment may be made 
by mailing  a check  or similar  instrument, payable  to the 
order  of  the  Federal Communications  Commission,  to  the 
Federal Communications Commission,  P.O. Box 73482, Chicago, 
Illinois  60673-7482.  The  payment should  note ``NAL/Acct. 
No.  200232380001''  and  ``FRN:  0006-0775-23''  referenced 
above.  Requests for full  payment under an installment plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.10

     6.   IT IS  FURTHER ORDERED that  a copy of  this Order 
shall be  sent by certified mail,  return receipt requested, 
to Rev. Dr. Philius Nicolas, 1488 New York Avenue, Brooklyn, 
New York 11210, and to  his counsel, Louis H. Goldman, Esq., 
45 Dudley Court, Bethesda, Maryland 20814. 



                         FEDERAL COMMUNICATIONS COMMISSION


                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1 Rev. Dr. Philius Nicolas, 17 FCC Rcd 10530 (Enf. Bur. 
2002).
 
2 47 U.S.C.  301.

3  Notice of Apparent Liability for Forfeiture, NAL/Acct. 
No. 200232380001 (Enf. Bur., New York Field Office, released 
January 10, 2002).

4 47 U.S.C. 504(b).

5 47 C.F.R.  1.80(i).

6 47 U.S.C.  405. 

7 47 C.F.R.  1.106.

8 47 C.F.R.  1.80.

9 47 U.S.C.  504(a).

10 See 47 C.F.R.  1.1914.