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

In the Matter of                   )      File Number EB-02-TP-534
Timothy J. Massett                 )     NAL/Acct. No.200332700012
2753 Downing Street                )
Jacksonville, Florida              )                FRN 0007965379

                                 Released: December 11, 2002

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find  Timothy J. Massett 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 Timothy J. Massett  apparently liable 
for the  operation of an  FM broadcast station  on frequency 
91.5  MHz located  at 406  Chelsea Street,  in Jacksonville, 
Florida, without Commission authorization.

                          II. BACKGROUND

     2.   On  September  11,  2002,   agents  from  the  FCC 
Enforcement Bureau's  Tampa Field Office  (``Tampa Office'') 
operating   an   FCC   direction-finding  vehicle   in   the 
Jacksonville, Florida, area,  investigated a radio broadcast 
station on  frequency 91.5 MHz.  The  station transmitted no 
identification.  Based on  direction-finding techniques, the 
agents determined that the source  of the signal on 91.5 MHz 
was   a  building   located   at  406   Chelsea  Street   in 
Jacksonville, Florida.   A coaxial  cable from an  FM ground 
plane  type antenna  entered 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    The  agents inspected  the  radio  station 
accompanied by  Mr. Timothy  J. Massett,  the lessee  of the 
building.   Inside  the  building, Mr.  Massett  showed  the 
agents  an FM  broadcast  transmitter  and associated  audio 
equipment.   Mr.  Massett  stated  that he  had  no  license 
authorizing  operation of  the  radio  station. Mr.  Massett 
deactivated the transmitter.  Mr. Massett admitted that live 
bands  and  disc  jockeys  operated  the  station  from  the 
premises  and  that  Mr.  Massett  collected  rent  for  the 
operation of  the radio station.  Mr.  Massett also admitted 
that  he reset  the CD  player when  the music  stopped just 
prior to the agents' inspection.

                       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 September 11, 2002, Timothy 
J.  Massett operated  radio  transmitting  equipment on  the 
frequency  91.5   MHz  without   benefit  of   the  required 
Commission authorization. 

     4.   Based on the  evidence before us, we  find that on 
September 11,  2002, Timothy J. Massett  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 

                       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 Timothy J. Massett is hereby NOTIFIED 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,  Timothy J. Massett  SHALL PAY the full  amount of 
the proposed  forfeiture or  SHALL FILE a  written statement 
seeking   reduction   or   cancellation  of   the   proposed 

     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  Timothy  J.  Massett,  2753  Downing 
Street, Jacksonville, Florida 32205. 

                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 


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.