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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-11-MA-0009
Neal Davis ) NAL/Acct. No.: 201232600001
Fort Lauderdale, Florida ) FRN: 0021223367
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: October 17, 2011 Released: October 17, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Neal Davis ("Mr. Davis") apparently willfully and repeatedly
violated section 301 of the Communications Act of 1934, as amended
("Act"), by operating an unlicensed radio transmitter on the frequency
96.1 MHz in Fort Lauderdale, Florida. We conclude that Mr. Davis is
apparently liable for a forfeiture in the amount of ten thousand
2. On January 21, March 8, and March 10, 2011, in response to a
complaint, agents from the Enforcement Bureau's Miami Office ("Miami
Office") used direction-finding techniques to locate the source of
radio frequency transmissions on the frequency 96.1 MHz to a
commercial property in Fort Lauderdale, Florida. On January 21, March
8, and March 10, 2011, the agents determined that the signals being
broadcast exceeded the limits for operation under Part 15 of the
Commission's rules ("Rules"), and therefore required a license. A
review of the Commission's records revealed that no license or
authorization was issued to Mr. Davis or anyone else to operate a
radio station on 96.1 MHz at this location.
3. While monitoring the station on March 10, 2011, agents from the Miami
Office heard a male voice identify himself as "Shawty Pimp." On the
same date, the Fort Lauderdale Police Department ("FLPD") executed a
search warrant at the commercial property and found Mr. Davis
operating the Disc Jockey ("DJ") equipment. After the location was
secured, agents from the Miami Office inspected the unlicensed radio
station and observed a Facebook page for "Nintysixonefm Realsideradio"
on a laptop in the station and an envelope addressed to Neal Davis
near the DJ equipment. The agents also observed the transmitter
displaying 96.10 MHz. An agent from the Miami Office subsequently
found information on the Internet advertising 96.1 FM, including a
phone number that agents previously heard broadcast on 96.1 MHz and
information for a DJ that goes by "Djshawtypimp." Mr. Davis was
identified by agents from the Miami Office as DJ "Shawty Pimp" by
comparing a photograph of "Djshawtypimp" to Mr. Davis's Florida
driver's license photograph.
4. Section 503(b) of the Act provides that any person who willfully or
repeatedly fails to comply substantially with the terms and conditions
of any license, or willfully or repeatedly fails to comply with any of
the provisions of the Act or of any rule, regulation, or order issued
by the Commission thereunder, shall be liable for a forfeiture
penalty. Section 312(f)(1) of the Act defines "willful" as the
"conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate" the law. The legislative
history to section 312(f)(1) of the Act clarifies that this definition
of willful applies to both sections 312 and 503(b) of the Act, and the
Commission has so interpreted the term in the section 503(b) context.
The Commission may also assess a forfeiture for violations that are
merely repeated, and not willful. The term "repeated" means the
commission or omission of such act more than once or for more than one
5. Section 301 of the Act states that no 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
the Act and with a license granted under the provisions of the Act. As
the agents determined, Mr. Davis operated an unlicensed radio station
on the frequency 96.1 MHz from a commercial property in Fort
Lauderdale, Florida, on January 21, March 8, and March 10, 2011. The
violation is corroborated by a review of the Commission's records,
which revealed that Mr. Davis did not have a license to operate a
radio station on this frequency at this location. Furthermore, because
Mr. Davis consciously and deliberately operated the station on more
than one day, we find the apparent violation not only willful, but
also repeated. Therefore, based on the evidence before us, we find
that Mr. Davis apparently willfully and repeatedly violated section
301 of the Act by operating radio transmission equipment without the
required Commission authorization.
6. Pursuant to the Commission's Forfeiture Policy Statement and section
1.80 of the Rules, the base forfeiture amount for operation without an
instrument of authorization is $10,000. In assessing the monetary
forfeiture amount, we must also take into account the statutory
factors set forth in section 503(b)(2)(E) of the Act, which include
the nature, circumstances, extent, and gravity of the violations, 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. Applying the Forfeiture Policy Statement, section 1.80 of
the Rules, and the statutory factors to the instant case, we conclude
that Mr. Davis is apparently liable for a forfeiture of $10,000.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to section 503(b) of the
Communications Act of 1934, as amended, and sections 0.111, 0.204(b),
0.311, 0.314, and 1.80 of the Commission's rules, Neal Davis is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for violations of section 301 of the
8. IT IS FURTHER ORDERED that, pursuant to section 1.80 of the
Commission's rules, within thirty (30) days of the release date of
this Notice of Apparent Liability for Forfeiture, Neal Davis SHALL PAY
the full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
9. Payment of the forfeiture must be made by credit card, check, or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and FRN Number
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For
payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the NAL/Account
number in block number 23A (call sign/other ID), and enter the letters
"FORF" in block number 24A (payment type code). Requests for full
payment under an installment plan should be sent to: Chief Financial
Officer -- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. If you have questions regarding payment
procedures, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Neal
Davis shall send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
10. The written statement seeking reduction or cancellation of the
proposed forfeiture, if any, must include a detailed factual statement
supported by appropriate documentation and affidavits pursuant to
sections 1.16 and 1.80(f)(3) of the Rules. Mail the written statement
to Federal Communications Commission, Enforcement Bureau, South
Central Region, Miami Office, P.O. Box 520617, Miami, Florida 33152,
and include the NAL/Acct. No. referenced in the caption. In addition,
Neal Davis shall email the written response to SCR-Response@fcc.gov.
11. The Commission will not consider reducing or canceling a forfeiture in
response to a claim of inability to pay unless the petitioner submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and
objective documentation that accurately reflects the petitioner's
current financial status. Any claim of inability to pay must
specifically identify the basis for the claim by reference to the
financial documentation submitted.
12. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by both Certified Mail, Return Receipt
Requested, and regular mail, to Neal Davis at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 U.S.C. S: 301.
Part 15 of the Rules sets out the conditions and technical requirements
under which certain radio transmission devices may be used without a
license. In relevant part, section 15.239 of the Rules provides that
non-licensed broadcasting in the 88-108 MHz band is permitted only if the
field strength of the transmission does not exceed 250 mV/m at three
meters. 47 C.F.R. S: 15.239.
On April 6, 2011, an agent from the Miami Office searched Facebook and
found information on pages for "Leon Djshawtypimp Davis (Djshawtypimp)"
and "Nintysixonefm Realsideradio." The About Leon section on Facebook for
"Leon Djshawtypimp Davis" indicated: "EVERYBODY KEEP IT LOCK TO 96.1FM." A
post made on November 26, 2010, at 11:55 a.m., by "Leon Djshawtypimp
Davis" states: "DJ.SHAWTYPIMP96.1FM REALSIDERADIO everybody tune in 96.1fm
rite now we live in the building call us @954 448 9384." This is the same
phone number agents heard broadcast on 96.1 MHz on January 21, 2011, and
on March 10, 2011. The About Nintysixonefm section on Facebook for
"Nintysixonefm Realsideradio" indicated: "EVERYBODY KEEP IT LOCK TO
96.1FM...HIT ME UP (954) 369-7826 OR 954 448 9384 ANY QUESTION." The
telephone number 954-448-9384 is the same number agents heard broadcast on
96.1 MHz on January 21, 2011, and on March 10, 2011. This is also the same
phone number listed for "Leon Djshawtypimp Davis (Djshawtypimp)" on
Facebook. See www.facebook.com/DJ.SHAWTYPIMP96.1FM (last visited April 6,
2011); www.facebook.com/nintysixonefm.realsideradio (last visited on April
On April 6, 2011, an agent from the Miami Office found a copy of a
photograph of Mr. Davis by a microphone at a radio station posted by "Leon
Djshawtypimp Davis" in album "WE ALL THE WAY LIVE WITH DJ.SHAWTYPIMP96.1
FM." See www.facebook.com/DJ.SHAWTYPIMP96.1FM (last visited on April 6,
2011). The station in the photograph appeared to be the station inspected
on March 10, 2011.
47 U.S.C. S: 503(b).
47 U.S.C. S: 312(f)(1).
H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982) ("This provision
[inserted in section 312] defines the terms `willful' and `repeated' for
purposes of section 312, and for any other relevant section of the act
(e.g., section 503) . . . . As defined[,] . . . `willful' means that the
licensee knew that he was doing the act in question, regardless of whether
there was an intent to violate the law. `Repeated' means more than once,
or where the act is continuous, for more than one day. Whether an act is
considered to be `continuous' would depend upon the circumstances in each
case. The definitions are intended primarily to clarify the language in
sections 312 and 503, and are consistent with the Commission's application
of those terms . . . . ").
See, e.g., Application for Review of Southern California Broadcasting Co.,
Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) ("Southern
California Broadcasting Co.").
See, e.g., Callais Cablevision, Inc., Notice of Apparent Liability for
Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para. 10 (2001) ("Callais
Cablevision, Inc.") (proposing a forfeiture for, inter alia, a cable
television operator's repeated signal leakage).
Southern California Broadcasting Co., 6 FCC Rcd at 4388, para. 5; Callais
Cablevision, Inc., 16 FCC Rcd at 1362, para. 9.
47 U.S.C. S: 301.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997) ("Forfeiture Policy Statement"), recon. denied, 15
FCC Rcd 303 (1999); 47 C.F.R. S: 1.80.
47 U.S.C. S: 503(b)(2)(E).
47 U.S.C. S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.204(b), 0.311, 0.314,
See 47 C.F.R. S: 1.1914.
47 C.F.R. S:S: 1.16, 1.80(f)(3).
Federal Communications Commission DA 11-1722
Federal Communications Commission DA 11-1722