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                 )    File No. EB-03-TP-035
                                )
Donald Donovan Jackson           )    NAL/Acct. No. 200332700023
1418 27th Avenue, South          )
St. Petersburg, Florida          )    FRN No.  000-890-9301


                        FORFEITURE ORDER

Adopted:  August 5, 2004                Released: August 10, 2004  

By the Chief, Enforcement Bureau:


I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture in  the  amount of  three  thousand  dollars 
($3,000)  to Donald  Donovan  Jackson for  willful  and  repeated 
violations of Section  301 of the Communications Act of 1934,  as 
amended, (``Act'').1  The noted violations involve Mr.  Jackson's 
operation of an  FM broadcast station on the frequency 102.1  MHz 
without Commission authorization. 

     2.   On May 14,  2003, the Commission's  Tampa Field  Office 
(``Tampa  Office'') issued  a Notice  of Apparent  Liability  for 
Forfeiture  (``NAL'') to  Mr.  Jackson for  a forfeiture  in  the 
amount of twenty thousand dollars ($20,000).2  Mr. Jackson  filed 
a response  to the NAL  on June 10, 2003.   In his response,  Mr. 
Jackson requested either cancellation or a substantial  reduction 
of the forfeiture.

II.  BACKGROUND

     3.   On November  23,  2002,  after  receiving  a  complaint 
regarding a pirate radio station in the St. Petersburg,  Florida, 
area,  agents from the  Tampa Office observed  a radio  broadcast 
station operating  on the frequency 102.1  MHz.  The agents  used 
direction-finding techniques  and determined that the  broadcasts 
originated  from suite  #200-D of  a commercial  office  building 
located at 21  9th Street South, St. Petersburg, Florida.   Field 
strength  measurements taken  near  the sight  of  the  broadcast 
indicated  that  the signal  strength  exceeded  the  permissible 
limits  for a  non-licensed  station.3  A  search  of  Commission 
records  revealed no  FM  radio station  licensed to  operate  on 
frequency  102.1 MHz in  the St Petersburg,  Florida, area.   The 
agents  proceeded  to  interview  the  owner  of  the  commercial 
building, who  provided the agents with a  copy of the lease  for 
suite  #200-D, and  informed  them that  Donald  Donovan  Jackson 
leased that unit and operated the radio station within.  

     4.   On January  15,  2003,  agents from  the  Tampa  Office 
interviewed Mr. Jackson and conducted an inspection of the  radio 
station   after  again  observing   a  radio  broadcast   station 
operating on frequency 102.1 MHz from 21 9th Street South,  Suite 
#200-D,  St.  Petersburg, Florida.   During  the  interview,  Mr. 
Jackson admitted to leasing Suite #200-D and operating the  radio 
station  on frequency  102.1  MHz from  that location.   At  that 
time,  Mr. Jackson also  demonstrated how  the broadcast  station 
operated, and  agreed, at the agents'  request, to shut down  the 
station.  

     5.   During the interview, one of the agents recognized  Mr. 
Jackson  as the  subject of  a previously  issued warning  letter 
regarding  an unlicensed  radio  station operating  on  frequency 
102.1  MHz in  April 2002  from a  nearby location.   The  agents 
observed, and Mr.  Jackson confirmed, that the radio  transmitter 
and  equipment  rack were  the  same  as those  used  during  Mr. 
Jackson's prior, unlicensed operation in April 2002.

     6.   On May  14, 2003,  the Tampa  Office issued  an NAL  to 
Donald  Donovan  Jackson  for  operation  of  a  radio  broadcast 
station   on  the   frequency   102.1  MHz   without   Commission 
authorization.4  On June  10, 2003, Mr. Jackson responded to  the 
NAL.   In  his   response,  Mr.  Jackson  acknowledged  that   he 
possessed no authority to operate a radio broadcast station,  but 
requested  either a cancellation  or a  substantial reduction  of 
the forfeiture,  citing an inability to  pay.  In support of  his 
inability  to  pay,  Mr.  Jackson  submitted  various   financial 
statements, and  stated that he operated  the radio station at  a 
loss.   Mr.  Jackson further characterized  his operation of  the 
station  as  a ``public  service,''  and claimed  that  he  never 
received  financial   gain  from  its  operation  as   additional 
justification for cancellation or reduction of the forfeiture.

III.      DISCUSSION

     7.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended, (``Act''),5 Section 1.80 of the  Rules,6 
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   Donald 
Jackson'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 such other matters as justice may require.7

     8.   Section 301  of the  Act  mandates that  ``[n]o  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 this Act and with  a 
license  in that  behalf  granted under  the provisions  of  this 
Act.''8   It is  undisputed  that Mr.  Jackson, on  November  23, 
2002, and  January 15, 2003, operated  a radio broadcast  station 
on  frequency  102.1  MHz  without  Commission  authorization  in 
willful9 and repeated10 violation of Section 301 of the Act.

     9.   Mr. Jackson requested that the Commission consider  his 
service   to  the  community   when  assessing  the   appropriate 
forfeiture amount, stating  that he intended only ``to provide  a 
public service  to the local Caribbean  population via the  radio 
station.''   We   have  previously  rejected  similar   arguments 
concerning  the asserted  merits of  violators' programming  when 
assessing  the appropriate  forfeiture amount,  and we  therefore 
reject  Mr.  Jackson's  claim  of  public  service  here.11   Mr. 
Jackson further  claimed, as a mitigating  factor, that he  never 
operated  the  radio  broadcast  station  for  the  purposes   of 
financial gain.   We note, however,  that operation for  purposes 
other  than financial  gain will  not, on  its own,  warrant  the 
cancellation or reduction of a forfeiture.12

     10.  Finally, Mr.  Jackson  requested  that  the  Commission 
either  cancel or substantially  reduce the  forfeiture based  on 
his inability  to pay.  After  reviewing the financial  documents 
submitted,  we conclude  that  payment of  the  proposed  $20,000 
forfeiture would  impose financial hardship  on Mr. Jackson,  and 
we  therefore  reduce  the forfeiture  to  $3,000  based  on  Mr. 
Jackson's inability to pay.13  

     11.  We have examined Donald  Donovan Jackson's response  to 
the  NAL  pursuant  to  the  statutory  factors  above,  and   in 
conjunction with  the Policy Statement as  well.  As a result  of 
our  review,   we  conclude  that   Mr.  Jackson  willfully   and 
repeatedly  violated Section  301 of  the Communications  Act  of 
1934,  as amended.   While we  find no  basis for  canceling  the 
forfeiture,  we reduce  the  total amount  of the  forfeiture  to 
$3,000 based on Mr. Jackson's inability to pay.

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,14 Donald Donovan Jackson IS LIABLE  FOR 
A  MONETARY FORFEITURE in  the amount of  three thousand  dollars 
($3,000) for his 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.15  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 must  include 
the  FCC  Registration   Number  (FRN)  and  the  NAL/Acct.   No. 
referenced in the  caption.   Requests for full payment under  an 
installment  plan   should  be  sent   to:  Chief,  Revenue   and 
Receivables  Group,  445  12th  Street,  S.W.,  Washington,  D.C. 
20554.16    

     14.       IT IS FURTHER  ORDERED that a  copy of this  Order 
shall  be sent via  First Class Mail  and Certified Mail,  Return 
Receipt Requested,  to Donald Donovan  Jackson, 1418 27th  Avenue 
South, St.  Petersburg, Florida 33705-3439,  and to his  counsel, 
Tamara  Felton  Dudley,  Tamara Felton  Dudley,  P.A.,  P.O.  Box 
12661, 2500 34th Street South, St. Petersburg, Florida 33733.

                              FEDERAL COMMUNICATIONS COMMISSION
                              
                              
                              
                              
                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1 47 U.S.C.  301.
2 Notice of Apparent Liability for Forfeiture, File No. EB-03-TP-
035,  NAL/Acct.  No.  200332700023  (Enf.  Bur.,  Tampa   Office, 
released May14, 2003).   
3 See 47 C.F.R.  15.239(b).
4  NAL at  1.
5  47 U.S.C.  503(b).
6  47 C.F.R.  1.80.
7  47 U.S.C.  503(b)(2)(D).
8  47 U.S.C.  301.
9 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 ....''
10 Section  312(f)(2)  of  the Act  provides  that  ``[t]he  term 
`repeated,' ... means the commission or omission of such act more 
than once or, if such  commission or omission is continuous,  for 
more than  one day.''   47 U.S.C.   312(f)(2).   The  Conference 
Report for Section 312(f)(2) indicates that Congress intended  to 
apply this  definition to  Section  503 of  the  Act as  well  as 
Section 312.  See H.R.  Rep. No. 97-765, 97th  Cong. 2d Sess.  51 
(1982).
11 See  WPGS, Inc.,  18 FCC  Rcd 11332,  11334 (Enf.  Bur.  2003) 
(concluding, ``we do not think that any reduction of the proposed 
forfeiture  is  warranted  based   on  the  asserted  merits   of 
WPGS(AM)'s programming'').
12 Cf. Concilio Mission Cristiana Fuente de Agua Viva, 17 FCC Rcd 
19132, 19134 (Enf.  Bur. 2002) (concluding  that no reduction  of 
the forfeiture was warranted based on the violator's status as  a 
non-profit entity alone),  recon. denied, 18  FCC Rcd 6210  (Enf. 
Bur. 2003).
13 See  PJB Communications,  7 FCC  Rcd at  2089 (forfeiture  not 
deemed excessive where it represented approximately 2.02  percent 
of the violator's gross revenues); Local Long Distance, Inc.,  15 
FCC Rcd 24385,  24389   11 (2000),   recon. denied,  16 FCC  Rcd 
10023, 10025  6 (2001) (forfeiture not deemed excessive where it 
represented approximately  7.9 percent  of the  violator's  gross 
revenues); Hoosier Broadcasting Corporation,14 FCC Rcd 3356  (CIB 
1999), recon.  denied, 15  FCC Rcd  8640, 8641  (Enf. Bur.  2002) 
(forfeiture   not   deemed   excessive   where   it   represented 
approximately 7.6 percent of the violator's gross revenues).
14 47 C.F.R.  0.111, 0.311, 1.80(f)(4).
15 47 U.S.C.  504(a).
16 See 47 C.F.R.  1.1914.