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

In the Matter of                  )
Ian R Walker                      )                           File 
458 Arlington Road                )            Number EB-02-TP-463                      
Jacksonville, Florida 34112       )       NAL/Acct.No.200332700006
                                 )                            F-
                                 ) RN : 0007767973


                                         Released:  November 
                           5, 2002
By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  that Ian R  Walker willfully 
violated Section 301  of the Communications Act  of 1934, as 
amended  (``Act'').1 On  August 8,  2002, Mr.  Ian R  Walker 
operated a radio station on  the frequency 95.5 MHz. without 
Commission authorization.  We conclude that Ian  R Walker is 
apparently  liable  for  forfeiture  in the  amount  of  ten 
thousand dollars ($10,000).

                          II. BACKGROUND

     2.   On August 8, 2002, while in Jacksonville, Florida, 
agents from the Commission's  Tampa Field Office observed FM 
radio  broadcasts on  the  frequency  95.5 MHz.   Commission 
records  showed  no  authorization  for  this  operation  in 
Jacksonville,  Florida. Using  electronic direction  finding 
techniques, the  agents positively identified the  source of 
the transmissions to be emanating from the residence located 
at 458  Arlington Road,  Jacksonville, Florida.   The agents 
observed an  antenna mounted in  a tree  on the side  of the 
residence.  Based  on field  strength measurements  taken by 
the agents of the station's  signal, this station required a 
license to operate.2

     3.   Still on  August 8,  2002, the  agents interviewed 
Ian  R.  Walker,  the  occupant  of  the  residence  at  458 
Arlington Road,  Jacksonville, Florida. Mr.  Walker admitted 
that he had been operating  the unlicensed station and owned 
the equipment  located at the residence.   Mr. Walker stated 
that he had  no FCC authorization to  operate the equipment.  
The  agents inspected  the unlicensed  radio station  at the 
residence   and  found,   among  other   equipment,  an   FM 
transmitter and associated studio equipment.

                       III. DISCUSSION

     4.   Section 301  of the Act sets  forth generally that 
no  person  shall  use  or operate  any  apparatus  for  the 
transmission of energy of communications or signals by radio 
within the United States except under and in accordance with 
the Act and with a license.  On August 8, 2002, Ian R Walker 
operated radio transmitting equipment  on the frequency 95.5 
MHz   without    benefit   of   the    required   Commission 

     5.   Based on  the evidence before us, we  find that on 
August 8, 2002, Ian R Walker willfully3 violated Section 301 
of the Act by operating radio transmission apparatus without 
a license.

     6.   Pursuant to Section 1.80(b)(4) of the Commission's 
Rules, the base forfeiture amount for the violation(s) cited 
in this notice is $10,000.4 Section 503(b)(2)(D) of the Act, 
requires  us   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  other such 
matters as  justice may require.''5  Considering  the entire 
record and applying the statutory factors listed above, this 
case warrants a $10,000 forfeiture.

                       IV. ORDERING CLAUSES

     7.   Accordingly,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 503(b)  of the  Act6 and  Sections 0.111,  0.311 and 
1.80  of the  Commission's Rules,7  Ian R  Walker is  hereby 
amount  of  ten  thousand   dollars  ($10,000)  for  willful 
violation of Section 301 of  the Communications Act of 1934, 
as amended.

     8.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of  the Commission's Rules,  within thirty days  of the 
release date  of this NAL, Ian  R Walker 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  may be made by mailing a 
check or  similar instrument,  payable to  the order  of the 
Federal   Communications  Commission,   to  the   Forfeiture 
Collection Section,  Finance Branch,  Federal Communications 
Commission,  P.O. Box  73482, Chicago,  Illinois 60673-7482.  
The  payment   must  include  the  FRN   and  NAL/Acct.  No. 
referenced in the letterhead  above. Requests for payment of 
the full amount of this NAL under an installment plan should 
be  sent  to:   Federal  Communications  Commission,  Chief, 
Revenue and  Receivables Operations Group, 445  12th Street, 
S.W., Washington, D.C. 20554.8

     10.  The  response, if any,  must be mailed  to Federal 
Communications Commission, Office of the Secretary, 445 12th 
Street, SW, Washington, DC  20554, Attn: Enforcement Bureau-
Technical  & Public  Safety Division,  and MUST  INCLUDE THE 
NAL/Acct. No. and FRN referenced in the letterhead above.

     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 

     12. Under  the Small  Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     13.   IT IS  FURTHER ORDERED  THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Ian  R Walker  at 458  Arlington Road, 
Jacksonville, Florida 34112.
                              FEDERAL         COMMUNICATIONS 


                              Ralph M. Barlow
                              District Director, Enforcement 


1 47 U.S.C.  301.
2 See 47 C.F.R.  15.239(b).
3 47 U.S.C.  312(f)(1), which applies equally to Section 
503(b) of the Act, provides that ``[t]he term `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 this Act ....''  See Southern California 
Broadcasting Co., 6 FCC Rcd 4387 (1991).
4 47 C.F.R.  1.80(b)(4).
5 47 U.S.C.  503(b)(2)(D).
6 47 U.S.C.  503(b).
7 47 C.F.R.  0.111, 0.311, 1.80.
8 See 47 C.F.R.  1.1914.