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


In the Matter of                 )
                                )
David Michael Oaks               )    File No. EB-03-PO-128
                                )
Unlicensed FM Radio Station      )    NAL/Acct. No. 200432920002
Beaverton, Oregon                )    FRN # 0010288587



                        FORFEITURE ORDER

Adopted:  November 3, 2004              Released:  November 5, 
2004

By the Assistant Bureau 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. David Michael Oaks (``Mr. Oaks'') for willfully 
and repeatedly violating Section 301 of the Communications Act of 
1934, as amended (``Act'').1  The noted violation involves Mr. 
Oaks's operation of an unlicensed FM broadcast station on the 
frequency 98.1 MHz, at his residence in Beaverton, Oregon.

     2.   On March 12, 2004, the Commission's Portland, Oregon 
Resident Agent Office (``Portland Office'') issued a Notice of 
Apparent Liability for Forfeiture (``NAL'') in the amount of ten 
thousand dollars ($10,000) to Mr. Oaks. 2  Mr. Oaks filed a 
response to the NAL on March 22, 2004.  

II.  DISCUSSION

     3.   In responding, Mr. Oaks does not deny the subject 
violation.  Mr. Oaks states that he was attempting to correct the 
violation by lowering the power each time he received a notice 
that he was operating an unlicensed station, but that the agent 
for the Portland Office (``agent'') did not provide the specific 
field strength measurements that he requested to determine how 
far above the legal limit he was operating.  The Commission is 
not required to engineer the operating parameters of a station.  
Mr. Oaks asserts that the agent told him that the effective range 
for a transmitter operating pursuant to Part 15 of the Rules 3 is 
about 100 feet, and that if Mr. Oaks chose to do so, he could 
purchase a Part 15 wireless microphone to compare the range of 
his signal with that of his station.  Mr. Oaks did not choose to 
do so.4  Further, on several separate occasions prior to the 
Portland Office's issuance of the NAL, Mr. Oaks received Notices 
of Unlicensed Operation (``Notice(s)'') from the Portland Office 
which served as warnings of the subject violation.5  Accordingly, 
Mr. Oaks was on notice that his continued operation of the 
station was in violation of Section 301 of the Act.

     4.   After reviewing Mr. Oaks's response, we find that he 
``willfully''6 and ``repeatedly''7 violated Section 301 of the 
Act.  In addition, we conclude, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended (``Act'')8 and The 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture Guidelines,9 that 
no reduction of the proposed forfeiture is warranted.  

III.      ORDERING CLAUSES

     5.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Act10 and Sections 0.111, 0.311 and 1.80(f)(4) of 
the Commission's Rules,11 Michael David Oaks IS LIABLE FOR A 
MONETARY FORFEITURE in the amount of ten thousand dollars 
($10,000) for willfully and repeatedly violating Section 301 of 
the Act.

     6.   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.12  
Payment of the forfeiture must 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 FRN 
No. 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, IL 60661.  
Payment by wire transfer may be made to ABA Number 071000013, 
receiving bank Bank One, and account number 1165259.  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. 20554.13





     7.   IT IS FURTHER ORDERED THAT this Order shall be sent by 
first class mail and certified mail, return receipt requested, to 
Mr. Michael David Oaks, Beaver Creek Apartments, 12270 S.W. 
Center, Apt 43, Beaverton, Oregon 97005.                         

                    FEDERAL COMMUNICATIONS COMMISSION

                         


                    George R. Dillon 
                    Assistant Bureau Chief, Enforcement 


_________________________

1 47 U.S.C.  301.
2 Notice  of Apparent  Liability  for Forfeiture,  NAL/Acct.  No. 
200432920002 (Enf.  Bur.,  Portland Office,  released  March  12, 
2004).
3 47 C.F.R.  15.1 et. seq.
4 On June  9, July 14  and September 16,  2003, Commission  staff 
noted that the  field strength of  the station's signal  exceeded 
the  permissible  level  for   a  non-licensed  low-power   radio 
transmitter.
5 On June 9 and July 14, 2003, on-scene Notices were placed under 
Mr. Oaks's door.  On June 11 and September 17, 2003, formal 
Notices were issued to Mr. Oaks via certified and regular mail.
6 As provided by 47 U.S.C.   312 (f)(1), ``willful'', when  used 
with reference to the  commission or omission  of any act,  means 
the conscious and deliberate commission or omission of such  act, 
irrespective of  any  intent  to violate  any  provision  of  the 
Communications Act of 1934, as amended, (``Act'').
7 As 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).
8 47 U.S.C.  503(b).
9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
10 47 U.S.C.  503(b).
11 47 C.F.R.  0.111, 0.311 and 1.80(f)(4).
12 47 U.S.C.  504(a).
13 See 47 C.F.R.  1.1914.