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

In the Matter of                   )     File Number EB-02-TP-393
Gabriel Dorcely                    )    NAL/Acct. No.200332700009
833 Midland Court                  )
Orange Park, Florida 32065         )               FRN 0004931531


                                       Released: December 2, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  Gabriel  Dorcely  apparently  liable  for  a 
forfeiture in the  amount of ten  thousand dollars ($10,000)  for 
willful violation of  Section 301  of the  Communications Act  of 
1934, as  amended  (``Act'').1   Specifically,  we  find  Gabriel 
Dorcely apparently liable  for the operation  of an FM  broadcast 
station on  frequency 103.9  MHz at  112 W.  Adams Street,  Suite 
1702, in Jacksonville, Florida, without Commission authorization.

                         II.  BACKGROUND

     2.   On August  6, 2002,  agents  from the  FCC  Enforcement 
Bureau's Tampa Field Office  (``Tampa Office'') operating an  FCC 
direction-finding vehicle  in  the  Jacksonville,  Florida,  area 
monitored an FM  broadcast station  on the  frequency 103.9  MHz.  
During the time  the agents monitored,  the station broadcast  no 
identification.    Using    direction-finding    equipment    and 
techniques, the agents determined that  the source of the  signal 
on 103.9  MHz was  an office  building located  at 112  W.  Adams 
Street in Jacksonville, Florida.  A ground plane type antenna was 
mounted on the roof of the building.  Antenna cable ran from  the 
rooftop antenna into Suite 1702 of the building.  Based on  field 
strength measurements  taken  by  the  agents  of  the  station's 
signal, a Commission  authorization was required  to operate  the 
station.2  FCC license records showed no license issued for an FM 
broadcast station at that location or for the frequency 103.9 MHz 
in the Jacksonville, Florida, area.  Leasing information provided 
by the building's lessor showed that the lessee of Suite 1702 was 
Gabriel Dorcely.   Later that day, the agents, accompanied by Mr. 
Dorcely, inspected the radio station  in Suite 1702 and found  an 
FM  broadcast  transmitter  in  operation,  along  with   various 
associated audio and studio  equipment.  Mr. Dorcely admitted  to 
owning and operating the station.

                        III.  DISCUSSION

     3.   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  6,  2002, Gabriel  Dorcely  operated  radio 
transmitting equipment on the frequency 103.9 MHz without benefit 
of the required Commission authorization. 

     4.   Based on the evidence before us, we find that on August 
6, 2002, Gabriel Dorcely willfully3  violated Section 301 of  the 
Act by operating radio transmission apparatus without a license.

     5.   Pursuant to Section 1.80(b)(4) of the Rules,4 the  base 
forfeiture  amount  for  operating  a  radio  station  without  a 
Commission 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)(D)  of the  Act,  which 
include 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 factors  listed above, this  case 
warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     6.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act,6 and Sections  0.111, 0.311 and  1.80 of  the 
Rules,7 Gabriel  Dorcely  is  hereby NOTIFIED  of  this  APPARENT 
LIABILITY FOR A FORFEITURE in the amount of ten thousand  dollars 
($10,000) for  willful  violation  of  Section  301  the  Act  by 
operating a radio station without Commission authorization.

     7.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Gabriel Dorcely  SHALL  PAY  the  full  amount  of  the  proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

     8.   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 should note the 
NAL/Acct. No. and FRN referenced above.  Requests for payment  of 
the full amount of this NAL  under an installment plan should  be 
sent to:  Chief, Revenue  and Receivables  Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.8

     9.   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. referenced above.  

     10.  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 

     11.  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.

     12.   IT IS FURTHER ORDERED THAT a copy of this NAL shall be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Gabriel  Dorcely,  833  Midland Court,  Orange  Park,  Florida 

                         Ralph M. Barlow
                         District Director
                         Tampa Field Office, Enforcement Bureau


1 47 U.S.C.  301.

2 See 47 C.F.R.  15.239(b).

3 Section 312(f)(1) of the Act, 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.