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Federal Communications Commission
Washington, D.C. 20554
In the Matter of Michael Gregory Miami, Florida ) ) ) ) ) ) File No.:
EB-FIELDSCR-12-00001175 NAL/Acct. No.: 201232600014 FRN: 0021896253
Adopted: March 8, 2013 Released: March 8, 2013
By the Regional Director, South Central Region, Enforcement Bureau:
1. In this Forfeiture Order (Order), we issue a monetary forfeiture in
the amount of seven hundred fifty dollars ($750) to Michael Gregory
for willfully and repeatedly violating Section 301 of the
Communications Act of 1934, as amended (Act).^ The noted violations
involved Mr. Gregory's operation of an unlicensed radio station on the
frequency 92.7 MHz in Miami, Florida.
2. On July 11, 2012, the Enforcement Bureau's Miami Office (Miami Office)
issued a Notice of Apparent Liability for Forfeiture (NAL) ^ for ten
thousand dollars ($10,000) to Mr. Gregory for operating an unlicensed
radio station in Miami.^ In response to the NAL, Mr. Gregory does not
deny the violations, but requests cancellation or reduction of the
forfeiture based on inability to pay.^
3. The proposed forfeiture amount in this case was assessed in accordance
with Section 503(b) of the Act,^ Section 1.80 of the Commission's
rules (Rules),^ and the Forfeiture Policy Statement.^ In examining Mr.
Gregory's response, Section 503(b)(2)(E) 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.^
4. We affirm the NAL's finding that Mr. Gregory violated Section 301 of
the Act.^ 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 reflected in the NAL, on March 7 and April
27, 2012, agents from the Miami Office observed an unlicensed radio
station on the frequency 92.7 MHz operating from a commercial building
in Miami, Florida. On April 27, 2012, Mr. Gregory admitted that he
operated the unlicensed radio station from his rented commercial
suite. In addition, a review of the Commission's records confirms that
Mr. Gregory did not have a license to operate a radio station on this
frequency, at this location. Based on the undisputed evidence, we
conclude that Mr. Gregory willfully and repeatedly violated Section
301 of the Act by operating radio transmission equipment without the
required Commission authorization.
5. In response to the NAL, Mr. Gregory nonetheless requests cancellation
or reduction of the $10,000 forfeiture, asserting that his financial
circumstances make it difficult for him to pay the forfeiture. With
regard to an individual's or entity's inability to pay claim, the
Commission has determined that, in general, gross income or revenues
are the best indicator of an ability to pay a forfeiture.^ Based on
the financial documents provided by Mr. Gregory, we find sufficient
basis to reduce the forfeiture to $750.^ However, we caution Mr.
Gregory that a party's inability to pay is only one factor in our
forfeiture calculation analysis, and is not dispositive.^ We have
previously rejected inability to pay claims in cases of repeated or
otherwise egregious violations.^ Therefore, future violations of this
kind may result in significantly higher forfeitures that may not be
reduced due to Mr. Gregory's financial circumstances.
IV. ORDERING CLAUSES
6. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.204,
0.311, 0.314, and 1.80(f)(4) of the Commission's rules, Michael
Gregory IS LIABLE FOR A MONETARY FORFEITURE in the amount of seven
hundred fifty dollars ($750) for violations of Section 301 of the
7. 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 Forfeiture 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.^ Michael Gregory 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.
8. 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.
9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by both
First Class and Certified Mail, Return Receipt Requested, to Michael
Gregory at his address of record.
FEDERAL COMMUNICATIONS COMMISSION
Dennis P. Carlton
Regional Director, South Central Region
^ 47 U.S.C. S 301.
^ Michael Gregory, Notice of Apparent Liability for Forfeiture, 27 FCC Rcd
7600 (Enf. Bur. 2012) (NAL). A comprehensive recitation of the facts and
history of this case can be found in the NAL and is incorporated herein by
^ See Letter from Michael Gregory to Miami Office, South Central Region,
Enforcement Bureau (Aug. 8, 2012) (on file in EB-FIELDSCR-12-00001175)
^ 47 U.S.C. S 503(b).
^ 47 C.F.R. S 1.80.
^ 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), recons. denied, 15 FCC Rcd 303 (1999)
(Forfeiture Policy Statement).
^ 47 U.S.C. S 503(b)(2)(E).
^ See NAL, supra note 2.
^ 47 U.S.C. S 301.
^ See PJB Communications of Virginia, Inc., Forfeiture Order, 7 FCC Rcd
2088, 2089 (1992) (forfeiture not deemed excessive where it represented
approximately 2.02 percent of the violator's gross revenues); Local Long
Distance, Inc., Forfeiture Order, 16 FCC Rcd 24385 (2000) (forfeiture not
deemed excessive where it represented approximately 7.9 percent of the
violator's gross revenues); Hoosier Broadcasting Corporation, Forfeiture
Order, 15 FCC Rcd 8640 (2002) (forfeiture not deemed excessive where it
represented approximately 7.6 percent of the violator's gross revenues).
^ This forfeiture amount falls within the percentage range that the
Commission has previously found acceptable. See supra note 10. If Mr.
Gregory finds it financially infeasible to make full payment of this
amount within 30 days, he can request an installment plan, as described in
paragraph 8, infra, of this Forfeiture Order.
^ See 47 U.S.C. S 503(b)(2)(E) (requiring Commission to 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).
^ See, e.g., Whisler Fleurinor, File No. EB-11-MA-0123, Forfeiture Order,
DA 13-175, 2013 WL 485239 (Enf. Bur. Feb. 8, 2013) (rejecting inability to
pay claim because violator's demonstrated inability to pay was outweighed
by the gravity of repeated operation of an unlicensed radio station).
Accord Kevin W. Bondy, Forfeiture Order, 26 FCC Rcd 7840 (Enf. Bur. 2011)
(holding that violator's repeated acts of malicious and intentional
interference outweigh evidence concerning his ability to pay), aff'd,
Memorandum Opinion and Order, DA 13-199 (Enf. Bur. Feb. 15, 2013); Hodson
Broadcasting Corp., Forfeiture Order, 24 FCC Rcd 13699 (Enf. Bur.
2009) (holding that permittee's continued unauthorized operation
outweighed its inability to pay claim).
^ 47 U.S.C. SS 301, 503(b); 47 C.F.R. SS 0.111, 0.204, 0.311, 0.314,
^ 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 13-357
Federal Communications Commission DA 13-357