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



In the Matter of                 )
                                )
Richard Muņoz                    )       File Number EB-02-TP-114
2132 Shadowlawn Drive            )
Naples, Florida 34112            )       NAL/Acct.No.200232700011
                                )
                                )               FRN 0007-0496-61



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                         Released: June 5, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that Richard Muņoz willfully and repeatedly violated Section 
301 of the Communications Act of 1934, as amended (``Act'').1  On 
April 20 and May 14, 2002, Richard Muņoz operated a radio station 
on 105.1 MHz without  Commission authorization. We conclude  that 
Richard Muņoz is apparently liable  for forfeiture in the  amount 
of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On April 20, 2002,  agents from the Commission's  Tampa 
Field Office investigated  a complaint of  an alleged  unlicensed 
radio station operating on the frequency 105.1 MHz in the Naples, 
Florida area.  The agents detected an FM radio station  operating 
on 105.1  MHz.  Using  direction finding  techniques, the  agents 
traced the  signal on  105.1  MHz to  a  church located  at  2132 
Shadowlawn Drive,  Naples,  Florida.   Based  on  field  strength 
measurements taken by  the agents of  the station's signal,  this 
station required a license  to operate.  Immediately  thereafter, 
the agents  inspected the  radio station  inside the  church  and 
found studio and transmitting equipment in operation.  The agents 
interviewed several witnesses who  provided information that  Mr. 
Muņoz operated the  radio station.   The agents  were provided  a 
business card with Mr. Muņoz' name and the name of his  ministry, 
``Ministerio Mision Posible.''   A brochure found  in the  church 
promoted a radio program called ``Mision Posible 105.1 FM.''  The 
agents interviewed Mr. Muņoz who admitted responsibility for  the 
station's operation and  to owning the  radio station  equipment.  
The agents  hand delivered  to  Mr. Muņoz  a warning  letter  for 
unlicensed radio operation that advised that unlicensed operation 
violated Section  301  of  the  Act,  listed  the  penalties  for 
violation, and  directed Mr.  Muņoz to  terminate the  unlicensed 
operation.  Mr. Muņoz then directed another person to  deactivate 
the transmitter.

     3.   On April 30,  2002, the Tampa  Field Office received  a 
complaint from  a Naples,  Florida area  broadcast station.   The 
complaint stated  that an  unlicensed radio  station operated  on 
105.1 MHz from  the ``Tree  of Life Church''  at 2132  Shadowlawn 
Drive,  Naples,  Florida,   and  that   the  unlicensed   station 
interfered with the reception of authorized FM broadcasts.

     4.   On May 14,  2002, agents  from the  Tampa Field  Office 
again detected an FM radio signal  on the frequency 105.1 MHz  in 
Naples, Florida,  and traced  the signal  to the  church at  2132 
Shadowlawn Drive, Naples, Florida.  This is the same location  as 
the unlicensed station operating on 105.1 MHz on April 20,  2002.  
Based on field strength measurements  taken by the agents of  the 
station's signal, this station required a license to operate.

     5.   On May  24, 2002,  the Tampa  Field Office  received  a 
letter from Andrew DeLong, Head Pastor of the Tree of Life Church 
at 2132 Shadowlawn  Drive, Naples, Florida.   In the letter,  Mr. 
DeLong identified  Richard Muņoz  as the  Pastor of  the  "Mision 
Posible'' ministry and operator of the radio station, and  stated 
that Mr.  Muņoz  leased space  for  the radio  station  from  the 
church.

                        III.  DISCUSSION

     6.   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 April 20  and May 14,  2002, Richard Muņoz  operated 
radio transmission equipment on  the frequency 105.1 MHz  without 
benefit of a license required for such operation.

     7.   Based on the evidence before us, we find that, on April 
20 and May  14, 2002,  Richard Muņoz  willfully2 and  repeatedly3 
violated Section 301 of the  Act by operating radio  transmission 
apparatus without a license.

     8.   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  Mr.  Muņoz'  unlicensed  operation  continued  after 
verbal  and  written  warnings   to  terminate  such   operation.  
Considering the entire record and applying the statutory  factors 
listed above, this case warrants a $10,000 forfeiture.

                      IV.  ORDERING CLAUSES

     9.   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 
Commission's Rules,7  Richard Muņoz  is  hereby NOTIFIED  of  his 
APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand 
dollars ($10,000) for willful  and repeated violation of  Section 
301 of the Communications Act of 1934, as amended. 

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's Rules, within thirty days of the release date of 
this NOTICE OF  APPARENT LIABILITY, Richard  Muņoz SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 
forfeiture.

     11.  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.

     12.  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.

     13.  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 
submitted.

     14.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  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 

     15.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to  Richard  Muņoz  at 2132  Shadowlawn  Drive  Naples, 
Florida 34112.
 

                              FEDERAL COMMUNICATIONS COMMISSION

                         

                              Ralph M. Barlow
                              District   Director,    Enforcement 
Bureau
_________________________

1 47 U.S.C. § 301.
2 Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which 
applies to violations for which forfeitures are assessed under 
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).
3 The term ``repeated'' means the commission or omission of an 
act more than once or, if such commission or omission is 
continuous, for more than one day.  47 U.S.C. § 312(f)(2).
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.
8See 47 C.F.R.§ 1.1914