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

In the Matter of                )
                                )
Edwin Valentin                  )            EB-00-DT-024
d/b/a Musical Radio             )            NAL    Acct.     No. 
815DT0002
Pontiac, Michigan               )            

                  MEMORANDUM OPINION AND ORDER

   Adopted:  March 6, 2000              Released:  March 9, 2000

By the Commission:

     1.   In this order, we  affirm a $5,000 forfeiture  assessed 
against Edwin Valentin by  the former Compliance and  Information 
Bureau for operating an unlicensed FM radio station on  frequency 
106.3 MHz in Pontiac, Michigan,  in contravention of Section  301 
of the  Communications  Act of  1934,  as amended  (``Act''),  47 
U.S.C.  301, and Sections 15.209 and 15.239 of the  Commission's 
Rules (``Rules''), 47 C.F.R.  15.209 and 15.239.1   

     2.   In  1997,   the  Commission's   Detroit  Field   Office 
investigated complaints that an  unlicensed FM radio station  was 
broadcasting on  106.3 MHz  in the  Detroit, Michigan  area,  and 
eventually determined that Rev. Edwin Valentin was operating  the 
unlicensed radio  station.  On  December  10, 1997,  the  Detroit 
Field  Office  issued  a  $5,000  Notice  of  Apparent  Liability 
(``NAL'') to Rev. Valentin for  operating an FM radio station  in 
contravention of Section 301 of  the Act and Sections 15.209  and 
15.239 of the  Rules.  Although  Rev. Valentin  responded to  the 
NAL, he did not challenge the allegations that the Detroit  Field 
Office raised  against him.   He took  issue, instead,  with  the 
Commission's refusal to license  micro broadcasters, even  though 
he  had  not  applied  for   a  license,  and  argued  that   the 
Commission's position on  this issue serves  as an  impermissible 
infringement and  restriction of  his  First Amendment  right  to 
broadcast.

     3.   On  March  11,  1998,  the  Bureau  reviewed  the  NAL, 
considered Rev.  Valentin's  response,  and  concluded  that  the 
record supported the NAL.  The Bureau then issued a $5,000 Notice 
of Forfeiture (``NOF'')  to Rev. Valentin.   The Bureau  rejected 
Rev.  Valentin's  challenge  to  the  constitutionality  of   the 
Commission's licensing  scheme,  concluding  that  the  licensing 
scheme is constitutional and finding that Rev. Valentin had  not, 
in any event,  even applied for  a license or  any other form  of 
necessary authorization.2

     4.   In his Application for Review, Rev. Valentin raises the 
same two arguments that he raised in his response to the NAL.  We 
find  that  the  Bureau   fully  and  correctly  addressed   Rev. 
Valentin's contentions in  the NOF.   The Commission's  licensing 
scheme is constitutional.  See, e.g.,  NBC v. United States,  319 
U.S. 190 (1943); Free  Speech v. Reno, 1999  WL 982951 (2nd  Cir. 
Oct. 29,  1999) (per  curiam),  rehearing pending;  Stephen  Paul 
Dunifer, 11 FCC Rcd  718, 720-27 (1995).   Rev. Valentin has  not 
filed  for  (let  alone  received)  a  Commission  license.    He 
intentionally broke the law.  Therefore, we deny Rev.  Valentin's 
Application for Review and affirm the Bureau's NOF.    

     5.   Accordingly, IT IS  ORDERED that,  pursuant to  Section 
503(b)  of  the  Communications  Act,  47  U.S.C.  503(b),  and 
Sections 1.80 and 1.115(g) of  the Commission's Rules, 47  C.F.R. 
 1.80 and 1.115(g), Rev.  Valentin's Application for Review  IS 
DENIED.  

     6.   IT IS FURTHER ORDERED that  a copy of this Order  shall 
be sent  by certified  mail, return  receipt requested,  to  Rev. 
Valentin and counsel.

     Payment may be made by credit card through the  Commission's 
Credit and Debt Management Center, (202) 418-1995, or by  mailing 
a check or similar instrument payable to the order of the Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.   The  payment  should  be  marked  ``NAL  Acct.  No. 
815DT0002.''  Forfeiture penalties not paid within 30 days may be 
referred to  the  Department of  Justice  for recovery.   See  47 
U.S.C.  504(a).


                         FEDERAL COMMUNICATIONS COMMISSION


                         Magalie Roman Salas
                         Secretary
_________________________

1 Edwin Valentin d/b/a Musical Radio, 13 FCC Rcd 5099 (Compl. & 
Inf. Bur. 1998).

2 In his response to the NAL and in his Application for Review, 
Rev. Valentin states, in passing, that he requests a waiver of 
Section 301 of the Act.  Although Rev. Valentin is free to file 
an application along with a request for a waiver of the power 
limits for low power broadcasts contained in Part 15 of the 
Rules, Hippolito Cuevas, 13 FCC Rcd 25289 (Mass Med. Bur. 1998), 
a forfeiture proceeding is not the appropriate place to consider 
such a request.  In any event, it is undisputed that Rev. 
Valentin had not received a waiver and a license at the time of 
the unlawful operation.