Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554
                                   
In the Matter of                )
                                )       
William Davon Upson             )   File No.: EB-00-TP-648
8331 Lake Park Estates Blvd.    )   NAL/Acct. No. 200432700001
Orlando, Florida                )   FRN 0009617572
                                )

                        FORFEITURE ORDER

Adopted:  April 13, 2004                Released:  April 15, 2004

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture  in  the  amount  of           ten 
          thousand  dollars  ($10,000)  to  William  Davon  Upson 
          (``Mr. Upson'')  for willful violation  of Section  301 
          of  the   Communications  Act  of   1934,  as   amended 
          (``Act'').1   The noted  violation involves  Mr.  Upson 
          operating a radio station on the frequency of 91.7  MHz 
          without Commission authorization. 

     2.   On October  9,  2003,  the  District  Director  of  the 
Commission's  Tampa,  Florida  Field  Office  (``Tampa  Office'') 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in 
the amount of $10,000 to Mr.  Upson.2  Mr. Upson has not filed  a 
response to  the NAL.   Based on  the information  before us,  we 
affirm the forfeiture.  

     3.   ACCORDINGLY, IT IS  ORDERED that,  pursuant to  Section 
503(b) of the Act,3 and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the  Commission's   Rules   (``Rules),4   William   Davon   Upson            
IS LIABLE FOR A MONETARY FORFEITURE in the amount of $10,000  for 
willfully violating Section 301 of the Act. 

     4.   Payment of the 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.  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.5  
Payment shall 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. 200432700001 and FRN 0009617572.  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. 20554.6


     7.        IT IS FURTHER  ORDERED that a  copy of this  Order 
shall be  sent by  first  class mail  and certified  mail  return 
receipt requested, to William Davon Upson, 8331 Lake Park Estates 
Blvd., Orlando, Florida 32818-4804. 

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 U.S.C.  301.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432700001 (Enf. Bur., Tampa Office, released October 9, 2003).

     3 47 U.S.C.  503(b).

     4 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     5 47 U.S.C.  504(a).

     6 See 47 C.F.R.  1.1914.