Click here for Adobe Acrobat version
Click here for Microsoft Word version
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.
Federal Communications Commission
Washington, D.C. 20554
In the matter of )
Gabriel Dorcely ) File Number EB-02-TP-393
833 Midland Court )
Orange Park, Florida 32065 ) NAL/Acct. No. 200332700009
) FRN 0004931531
Adopted: May 6, 2004 Released:
May 10, 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 Mr. Gabriel Dorcely (``Mr. Dorcely'') for willful
violation of Section 301 of the Communications Act of 1934, as
amended (``Act'').1 The noted violation involves Mr. Dorcely's
operation of a radio station without Commission authorization.
2. On December 2, 2002, the Commission's Tampa, Florida
Field Office (``Tampa Office'') issued a Notice of Apparent
Liability for Forfeiture (``NAL'') to Mr. Dorcely for a
forfeiture in the amount of ten thousand dollars ($10,000).2 Mr.
Dorcely responded on January 14, 2003, to the NAL.
3. On August 6, 2002, in connection with an investigation
of unlicensed FM broadcast stations in Jacksonville, Florida,
agents from the Commission's Tampa, Florida Field Office (``Tampa
Office'') observed unidentified FM radio broadcasts on the
frequency 103.9 MHz. Using electronic direction finding
techniques, the agents positively identified the source of
transmissions to be an antenna mounted on the roof of an office
building located at 112 W. Adams Street in Jacksonville, Florida.
The agents' investigation determined that an antenna cable ran
from the roof top antenna into Suite 1702 of the building. The
agents determined through field strength measurements that the
station's field strength was 3,334 times greater than the
permissible level for unlicensed low power FM operation.3 Thus,
this station required a license to operate. Commission records
showed no authorization for this operation in Jacksonville,
4. Also on August 6, 2002, the agents interviewed the
building's lessor, who stated that the lessee of Suite 1702 was
Gabriel Dorcely. The agents then went to Suite 1702 and with Mr.
Dorcely's permission and in his presence, inspected the radio
studio and found an FM broadcast transmitter in operation. Mr.
Dorcely admitted he was the person operating the station. The
agents also found various associated audio and studio equipment
which Mr. Dorcely admitted owning and operating. On the same day
as the investigation, one of the agents issued a Warning of
Unlicensed Radio Operation to Mr. Dorcely ordering him to cease
5. Thereafter, on August 15, 2002, Mr. Dorcely phoned the
Tampa Field Office and spoke with the agent who issued the
Warning Letter. Mr. Dorcely stated that he had filed an
application for a low power FM (LPFM) broadcast station and that
the Commission had assigned a FRN number to him. Mr. Dorcely
stated that he assumed the FCC would send him something in
response to his application and claimed that he was just testing
the station. In an e-mail to one of the agents, Mr. Dorcely
``acknowledged the need to have a proper license.'' Since there
currently was no filing window for applying for LPFM stations,
Mr. Dorcely indicated he would wait until there was one.
6. On December 2, 2002, the Tampa Office issued a NAL for
a $10,000 forfeiture to Mr. Gabriel Dorcely for operating a radio
station without Commission authorization in willful violation of
Section 301 of the Act. In his January 14, 2003, response, Mr.
Dorcely requests the Commission take into account the equity
factors in his operation such as the circumstances, the nature
and history of prior offenses, his degree of culpability as well
as his inability to pay. He submitted no documentation
substantiating an inability to pay.
7. The proposed forfeiture amount in this case was
assessed in accordance with Section 503(b) of the Act,4 and The
Commission's Forfeiture Policy Statement and Amendment of Section
1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12
FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999)
``Policy Statement''). In examining Mr. Dorcely's response,
Section 503(b) of the Act requires that the Commission take into
account the nature, circumstances, extent and gravity of the
violation and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and
other such matters as justice may require.5
8. Section 301 of the Act prohibits radio operation
``except under and in accordance with this Act and with a license
in that behalf granted under the provisions of this Act.''6
Section 15.239 of the Commission Rules permits certain unlicensed
low powered radio operation, but Mr. Dorcely's operation greatly
exceeds the permissible power levels. Accordingly, a license was
needed for the station's operation. Based on Mr. Dorcely's
admissions and the agents' observations during the inspection, we
conclude that Mr. Dorcely willfully violated Section 301 of the
9. Mr. Dorcely claims a history of overall compliance with
the Commission's Rules. However, in light of the fact that Mr.
Dorcely is not a Commission licensee, we do not believe he has
any history with the Commission upon which a history of overall
compliance cancellation can be based.8
10. Mr. Dorcely's request for reduction of the forfeiture
was not accompanied by his tax returns from 1999 through 2001, or
any other documentation as set forth in paragraph 10 of the NAL.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
submitted. Accordingly, there is no basis to cancel the assessed
forfeiture amount due to inability to pay.
11. Finally, Mr. Dorcely requested that we consider the
circumstances, degree of culpability and the nature of the
violation. After careful and complete review of those factors,
the dispositive fact is that the record evidence shows Mr.
Dorcely knew that a license was required for an LPFM station
prior to the date FCC agents first observed him transmitting on
103.9 FM without a license. He knew he had not received one. He
chose to operate without a license. We reject his argument that
he was simply testing the equipment. Accordingly, based on the
above cited circumstances, we reject his request for mitigation.
IV. ORDERING CLAUSES
12. Accordingly, IT IS ORDERED that, pursuant to Section
503(b) of the Act, and Sections 0.111, 0.311 and 1.80(f)(4) of
the Rules,9 Mr. Gabriel Dorcely IS LIABLE FOR A MONETARY
FORFEITURE in the amount of ten thousand dollars ($10,000) for
willful violation of Section 301 of the Act.
13. 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.10
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 reference NAL/Acct. No.
200332700009 and FRN 0004931531. Requests for full payment under
an installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
14. IT IS FURTHER ORDERED that a copy of this Order shall
be sent by first class mail and certified mail return receipt to
Mr. Gabriel Dorcely, 752 Blanding blvd., #116, Orange Park, Fl.
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.
200332700009 (Enf. Bur., Tampa Office, released December 2,
3 Under Section 15.239 of the Commission's Rules, 47 C.F.R. §
15.239, the use of an intentional radiator in the 88-108 MHz band
is permitted only if the field strength of the transmissions does
not exceed 250 microvolts/meter at three meters.
4 47 U.S.C. § 503(b).
5 47 U.S.C. § 503(B)(2)(D).
6 47 U.S.C. § 301.
7 Section 312(f)(1) of the Act, 47 U.S.C. § 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,'
... 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).
8 See Odino Joseph, 18 FCC Rcd 16522, 16524 (Enf. Bur. 2003).
9 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
10 47 U.S.C. § 504(a).