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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
MEMORANDUM OPINION AND ORDER
Adopted: September 28, 2012 Released: September 28, 2012
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order, issued pursuant to Section 405
of the Communications Act of 1934, as amended (Act), and Section 1.106
of the Commission's rules (Rules), we deny the petition for
reconsideration (Petition) filed by Neal Davis. Mr. Davis seeks
reconsideration of the Forfeiture Order issued by the Enforcement
Bureau's South Central Region in this proceeding. The Forfeiture Order
imposed a monetary forfeiture in the amount of ten thousand dollars
($10,000) against Mr. Davis for willfully and repeatedly violating
Section 301 of the Act, by operating an unlicensed radio broadcast
station on the frequency 96.1 MHz in Fort Lauderdale, Florida.
2. In his Petition, Mr. Davis does not deny that he operated an
unlicensed radio station in Fort Lauderdale and, therefore, violated
Section 301. Rather, Mr. Davis urges cancellation of the forfeiture
based on an inability to pay claim. Specifically, Mr. Davis asserts
that he is currently unemployed and has no income.
3. With respect to a claim of financial hardship, the Commission will not
consider reducing or canceling a forfeiture in response to inability
to pay, unless the individual or entity making the request submits:
(1) federal tax returns for the most recent three-year period; (2)
financial statements prepared according to generally accepted
accounting principles (GAAP); or (3) some other reliable and objective
documentation that accurately reflects the individual's or entity'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. Further, in general, an
individual's or entity's gross revenues are the best indicator of its
ability to pay a forfeiture. Mr. Davis, however, has not provided any
financial or other documentation to support or corroborate his
asserted financial status. In the absence of any supporting financial
or other reliable documentation, we simply have no basis by which to
evaluate Mr. Davis's inability to pay claim and are constrained by the
limited record before us. We therefore deny the Petition and affirm
the Forfeiture Order.
4. Accordingly, IT IS ORDERED, pursuant to Section 405 of the Act, and
Section 1.106 of the Rules, that the petition for reconsideration
filed by Neal Davis IS DENIED.
5. IT IS ALSO ORDERED that, pursuant to Section 503(b) of the Act, and
Sections 0.111, 0.311, and 1.80(f)(4) of the Rules, Neal Davis IS
LIABLE FOR A MONETARY FORFEITURE in the amount of ten thousand dollars
($10,000) for violations of 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 thirty (30) calendar days after the
release date of this Memorandum Opinion and Order. If the forfeiture
is not paid within the period specified, the case may be referred to
the U.S. Department of Justice for enforcement of the forfeiture
pursuant to Section 504(a) of the Act. Neal Davis shall send
electronic notification of payment to SCR-Response@fcc.gov on the date
said payment is made. The payment must be made by check or similar
instrument, wire transfer, or credit card, and must include the
NAL/Account number and FRN referenced above. Regardless of the form of
payment, a completed FCC Form 159 (Remittance Advice) must be
submitted. When completing the FCC Form 159, enter the Account Number
in block number 23A (call sign/other ID) and enter the letters "FORF"
in block number 24A (payment type code). Below are additional
instructions you should follow based on the form of payment you
* Payment by check or money order must be made payable to the order of
the Federal Communications Commission. Such payments (along with the
completed Form 159) must be mailed to Federal Communications
Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
via overnight mail to U.S. Bank - Government Lockbox #979088,
SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.
* Payment by wire transfer must be made to ABA Number 021030004,
receiving bank TREAS/NYC, and Account Number 27000001. To complete
the wire transfer and ensure appropriate crediting of the wired funds,
a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
the same business day the wire transfer is initiated.
* Payment by credit card must be made by providing the required credit
card information on FCC Form 159 and signing and dating the Form 159
to authorize the credit card payment. The completed Form 159 must then
be mailed to Federal Communications Commission, P.O. Box 979088, St.
Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
Louis, MO 63101.
7. Any request for full payment under an installment plan should be sent
to: Chief Financial Officer-Financial Operations, Federal
Communications Commission, 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 by
phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.
8. IT IS FURTHER ORDERED that this Memorandum Opinion and Order shall be
sent by both First Class Mail and Certified Mail, Return Receipt
Requested, to Neal Davis at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
P. Michele Ellison
Chief, Enforcement Bureau
47 U.S.C. S: 405.
47 C.F.R. S: 1.106.
See Letter from Neal Davis to Federal Communications Commissioner (Dec.
15, 2011) (on file in EB-11-MA-0009) (Petition)
See Neal Davis, Forfeiture Order, 26 FCC Rcd 16424 (Enf. Bur. 2011)
(Forfeiture Order), aff'g, Notice of Apparent Liability, 26 FCC Rcd 14375
(Enf. Bur. 2011) (NAL). After the NAL was issued, Mr. Davis did not pay
the forfeiture or file a response. Thereafter, the Bureau issued the
47 U.S.C. S: 301.
See Petition, supra note 3.
Id. at 1. In addition, Mr. Davis claims to be "homeless." Id. We cannot
confirm the veracity of his claim or otherwise discern his exact personal
circumstances (e.g., if he is asserting that he is "homeless" because he
does not own his own home, but instead is renting an apartment unit or
living with a family member or a friend), especially in view of official
records reflecting a residential address for him. Further, we note that
service of the NAL and Forfeiture Order were sent to Mr. Davis's
residential address of record by both first class mail and certified mail,
return receipt requested, and Mr. Davis does not dispute that proper
service was completed.
NAL, 26 FCC Rcd at 14378, para. 11. See Greenwood Acres Baptist Church,
Memorandum Opinion and Order, 22 FCC Rcd 1442, 1448, para. 20 (specifying
See PJB Communications of Virginia, Inc., Memorandum Opinion and Order, 7
FCC Rcd 2088, 2089 (Enf. Bur. 1992); Local Long Distance, Inc., Order of
Forfeiture, 15 FCC Rcd 24385 (Enf. Bur. 2000); Hoosier Broadcasting
Corporation, Memorandum Opinion and Order, 15 FCC Rcd 8640 (Enf. Bur.
2002). See also 47 C.F.R. 1.80(f)(3).
After Mr. Davis filed his Petition, the Bureau's Miami Office sent two
letters to Mr. Davis, requesting documentation of his gross revenues. See
Letter from Stephanie Dabkowski, Resident Agent, Miami Office, to Neal
Davis (May 3, 2012) (on file in EB-11-MA-0009); Letter from Stephanie
Dabkowski, Resident Agent, Miami Office, to Neal Davis (June 13, 2012) (on
file in EB-11-MA-0009). To date, Mr. Davis has not responded.
See, e.g., Bureau D'Electronique Appliquee, Inc., Forfeiture Order, 20 FCC
Rcd 17893 (Enf. Bur. 2005) (denying inability to pay claim because company
failed to provide supporting financial documentation).
See 47 U.S.C. S: 405.
See 47 C.F.R. S: 1.106.
47 U.S.C. S:S: 301, 503(b); 47 C.F.R. S:S: 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S: 301.
47 C.F.R. S: 1.80.
47 U.S.C. S: 504(a).
An FCC Form 159 and detailed instructions for completing the form may be
obtained at http://www.fcc.gov/Forms/Form159/159.pdf.
See 47 C.F.R. S: 1.1914.
Federal Communications Commission DA 12-1534
Federal Communications Commission DA 12-1534