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


In the Matter of                 )
                                )
Fritzner Simon                   )    File No. EB-03-TP-091
1411 Foxboro Drive               )    NAL/Acct. No. 200432700003
Warrenton, Missouri              )    FRN 000432700003


                        FORFEITURE ORDER

Adopted:  September 8, 2004             Released:  September 10, 
                              2004

By the Chief, Enforcement Bureau:  

I.   INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  ten  thousand  dollars 
($10,000) to  Mr.  Fritzner  Simon (``Mr.  Simon'')  for  willful 
violation of Section 301  of the Communications  Act of 1934,  as 
amended (``Act'').1   The  noted violation  involves Mr.  Simon's 
operation of a radio station on the frequency of 87.9 MHz without 
Commission authorization.

     2.   On December  11, 2003,  the  District Director  of  the 
Commission's  Tampa,  Florida  Field  Office  (``Tampa  Office'') 
released a Notice  of Apparent Liability  (``NAL'')2 proposing  a 
forfeiture in the amount of $10,000 for the noted violation.  Mr. 
Simon filed a response to the NAL on January 5, 2004.

II.  BACKGROUND

     3.   On  March  5,  2003,  agents  from  the  Tampa   Office 
determined that an FM  radio station operating  on 102.1 MHz  was 
broadcasting from  a building  located  at 1719  Columbus  Drive, 
Tampa, Florida.   The  agents concluded  on  the basis  of  field 
strength measurements of the  station's signal that a  Commission 
authorization was  required to  operate  the radio  station.3   A 
search of the  Commission's records  showed that  no license  had 
been issued for the operation of an FM broadcast station at  this 
location.  That same  day, the agents  inspected the station  and 
found an FM transmitter in operation.  One of the persons present 
at  the   radio  station   identified   himself  with   a   photo 
identification as  Mr. Fritzner  Simon.  Mr.  Simon informed  the 
agents that he operated the station with his brother.  The agents 
issued written and  verbal warnings for  unlicensed operation  to 
Mr. Simon, who voluntarily agreed to surrender an exciter and the 
radio transmitter to the agents.

     4.   On  August   21,   2003,  agents   conducting   routine 
monitoring of  the FM  broadcast band  observed a  radio  station 
operating on  87.9  MHz,  and subsequently  determined  that  the 
station was broadcasting  from a room  on the second  floor of  a 
residence located at 4206 Nebraska Avenue, Tampa Florida.   Based 
on field  strength measurements,  the agents  concluded that  the 
station's signal exceeded any low-powered transmission allowed on 
any FM frequency.4   The agents  also observed  that the  station 
operated continuously for over an  hour, in contravention of  the 
Commission's Rules.5   According  to  the  Commission's  records, 
there was no license  covering the operation  of an FM  broadcast 
station at this location.  Further, the agents determined that  a 
vehicle in the driveway  of the residence  was registered to  Mr. 
Simon and his  brother.  On  September 10, 2003,  the agents  met 
with the  owner of  the  residential property.   After  reviewing 
photographs of Mr. Simon, the property owner identified Mr. Simon 
as the person using the space at his residence.

     5.   On December 11, 2003, the Tampa Office issued an NAL to 
Mr. Fritzner Simon,  finding that he  willfully6 and  repeatedly7 
violated Section 301 of the Act  by operating a radio station  on 
the  frequencies  of  102.1  and  87.9  MHz  without   Commission 
authorization, and proposing  a forfeiture in  the amount of  ten 
thousand dollars ($10,000).   In his response,  Mr. Simon  admits 
that  he  operated   a  radio  station   at  102.1  MHz   without 
authorization on March 5, 2003.  However, as detailed below,  Mr. 
Simon claims  that  he  has  ``no  idea''  about  the  unlicensed 
operation of a radio station at 87.9 MHz from a residence located 
at 4206 Nebraska Avenue  on August 21,  2003.   Mr. Simon  admits 
that his vehicle was parked in  the driveway of the residence  on 
that date, but claims that his wife and ``her friend'' were using 
his vehicle that day.

III.      DISCUSSION

     6.   The  proposed  forfeiture  amount  in  this  case   was 
assessed in accordance with Section 503(b) of the  Communications 
Act of 1934, as amended (``Act''),8  Section 1.80 of the  Rules,9 
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) (``Forfeiture Policy  Statement'').  In examining  Mr. 
Simon'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.10

     7.   Section  301  of  the  Act  prohibits  radio  operation 
``except under  and  in accordance  with  th[e] Act  and  with  a 
license in  that behalf  granted under  the provisions  of  th[e] 
Act.''11  As noted above,  Mr. Simon does  not dispute that  when 
Commission agents visited 1719 Columbus  Drive on March 5,  2003, 
he   was   operating   a   radio   station   without   Commission 
authorization.  Based on  Mr. Simon's admission  and the  agents' 
observations during the  inspection, we conclude  that Mr.  Simon 
willfully violated Section  301 of the  Act on March  5, 2003  by 
operating a radio station on the frequency of 102.1 MHz without a 
license.12  We find no basis for cancellation or reduction of the 
proposed  $10,000  monetary  forfeiture  based  on  Mr.   Simon's 
response to the NAL.

IV.  ORDERING CLAUSES

     8.   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,13  Mr.  Fritzner  Simon  IS  LIABLE  FOR  A  MONETARY 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willfully violating Section 301 of the Act.

     9.   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.14  
Payment of  the  forfeiture  may  be made  by  check  or  similar 
instrument, payable to  the order of  the Federal  Communications 
Commission.  The payment must include  the NAL/Acct. No. and  FCC 
Registration Number (``FRN'') referenced above.  Payment by check 
or money order  may be mailed  to Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482.   Payment by overnight  mail 
may be sent  to Bank  One/LB 73482,  525 West  Monroe, 8th  Floor 
Mailroom, Chicago, Illinois 60661.  Payment by wire transfer  may 
be made to  ABA Number  071000013, receiving  bank ``Bank  One,'' 
account number  1165259.  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. 
20554.15









     10.  IT IS FURTHER ORDERED that  a copy of this Order  shall 
be  sent  by  First  Class  and  Certified  Mail  Return  Receipt 
Requested to  Mr. Fritzner  Simon, 1411  Foxboro Drive,  Brandon, 
Florida, 33511.



                         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. 
200432700003 (Enf. Bur., Tampa Office, released December 11, 
2003) (``NAL'').

3 Non-licensed broadcasting in the  88-108 MHz band is  permitted 
only if the field strength  of the transmissions does not  exceed 
250 microvolts  per  meter at  three  meters.  See  47  C.F.R.   
15.239(b).  In  the instant  case, measurements  showed that  the 
field strength of the signal exceeded the permissible level for a 
non-licensed low-power radio transmitter by 6,105 times.
4FM broadcast operation on frequency 87.9 is limited for use only 
by licensed noncommercial educational FM broadcast stations  that 
have been required by the Commission to change frequencies.   See 
47 C.F.R.  73.501.
5Operation  of   a  non-licensed,   low-powered  transmitter   on 
frequency 87.9 MHz is restricted to periodic operation, which  is 
generally used for the transmission  of control signals, such  as 
those used with  alarm systems,  garage door  openers and  remote 
switches.  See 47 C.F.R.  15.209, 15.231.  Because operation on 
frequency 87.9  MHz  must  be  limited  in  duration,  continuous 
operation is not permitted.
6Section 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).   
7As provided by 47 U.S.C.  312(f)(2), a continuous violation  is 
``repeated'' if  it  continues  for  more  than  one  day.    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.  97th  Cong. 2d  Sess.  51 
(1982).  See Southern California Broadcasting Company, 6 FCC  Rcd 
4387, 4388 (1991)  and Western Wireless  Corporation, 18 FCC  Rcd 
10319 at fn. 56 (2003).
847 U.S.C.  503(b).
947 C.F.R.  1.80.
1047 U.S.C.  503(b)(2)(D).
11 47 U.S.C.  301.
12 While the NAL  also concluded that  Mr. Simon's violation  was 
``repeated'' based on an apparent unlicensed broadcast on  August 
21, 2003,  we need  not  address that  finding  in light  of  the 
willful nature of Mr. Simon's  admitted March 5, 2003  violation.  
See, e.g., Southern California Broadcasting Co., 6 FCC Rcd  4387, 
4388 (1991)  (in issuing  a forfeiture  pursuant to  47 U.S.C.   
503(b) of  the  Act,  we  are only  required  to  find  either  a 
``willful'' or ``repeated'' violation).  A $10,000 forfeiture  is 
standard for a single instance of unauthorized broadcasting  such 
as occurred on March 5, 2003.  See, e.g., Michael S. Selvanto, DA 
04-2488 (Enf. Bur., released August 10, 2004).
1347 C.F.R.  0.111, 0.311, 1.80(f)(4).
1447 U.S.C.  504(a).
15See 47 C.F.R.  1.1914.