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


In the Matter of                 )
                                )
Manuel M. Vázquez                )       File Number EB-02-TP-234
Naples, Florida                  )       NAL/Acct.No.200232700015
                                )
                                )              FRN# 0007-3021-69
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  June 25, 2002
By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find that  Manuel M.  Vázquez willfully  and repeatedly  violated 
Section 301  of  the  Communications  Act  of  1934,  as  amended 
(``Act''),1 by operating a radio  station on the frequency  103.3 
MHz without Commission authorization. We conclude that Manuel  M. 
Vázquez is apparently liable for forfeiture in the amount of  ten 
thousand dollars ($10,000).

                         II.  BACKGROUND

     2.  On  April 19,  2002, while  investigating complaints  of 
unlicensed broadcast activity in the Naples, Florida area, agents 
from the Commission's  Tampa Field  Office detected  an FM  radio 
station on the frequency  103.3 MHz.  Using electronic  direction 
finding techniques, the agents traced the signals on 103.3 MHz to 
a commercial  building located  at 2408  Linwood Avenue,  Naples, 
Florida.  The  agents observed  an antenna  on the  building  and 
transmission cable  connected  to  the antenna  on  one  end  and 
entering the  building's wall  into  Suite F.   Standing  outside 
Suite F, the agents heard  music and voices that matched  exactly 
the programming simultaneously broadcast by the station on  103.3 
MHz.  Based on field strength measurements taken by the agents of 
the station's signal, this station required a license to operate.  
FCC records showed no license issued for operation of an FM radio 
station on  this frequency  in or  near Naples,  Florida.   While 
still  at  the  building  at  2408  Linwood  Avenue,  the  agents 
interviewed a man  who refused  to identify  himself, but  stated 
that he was an  operator of the radio  station.  The agents  hand 
delivered to  the  man  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 
the man to  terminate the unlicensed  operation.  The man  stated 
that his station  would continue  to operate  until either  other 
unlicensed radio stations  were shut  down or  the radio  station 
equipment was seized by  the police.  The  agents later spoke  to 
the building owner who visually identified the man claiming to be 
the operator  of the  radio station  as Manuel  M. Vázquez.   The 
building owner  also stated  that Manuel  M. Vázquez  leased  the 
space in Suite F.   The radio station on  103.3 MHz continued  to 
broadcast as the agents left the area.


     3.  On April  20, 2002, agents  from the Commission's  Tampa 
Field Office again detected an FM radio station on the  frequency 
103.3 MHz.  Using  electronic direction  finding techniques,  the 
agents traced the  signals on  103.3 MHz to  the same  commercial 
building located at 2408 Linwood Avenue, Naples, Florida.   While 
at that location,  the same  man interviewed the  day before  who 
admitted to operating the station  and who was identified by  the 
building manager as Manuel M. Vázquez, arrived.  The agents again 
interviewed Mr. Vázquez and warned him about the unlicensed radio 
operation.  The radio station on 103.3 MHz continued to transmit, 
except with no audio, as the agents left the area.

                        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 April 19  and 20, 2002,  Manuel M. Vázquez  operated 
radio transmission equipment on  the frequency 103.3 MHz  without 
benefit of the required Commission license.

     5.   Based on the evidence before us, we find that on  April 
19  and  April  20,  2002,  Manuel  M.  Vázquez  willfully1   and 
repeatedly2 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  $10,000.3    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.''4  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  Communications  Act of  1934,  as  amended,5  and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules,6 Manuel 
M. Vázquez 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.


     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 NOTICE OF  APPARENT LIABILITY, Manuel  M. Vázquez SHALL  PAY 
the full  amount  of the  proposed  forfeiture or  SHALL  FILE  a 
written  statement  seeking  reduction  or  cancellation  of  the 
proposed forfeiture.

     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.

     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 
submitted.

     12.  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. 20554.7

     13.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall  be sent by  regular mail and  Certified 
Mail  Return  Receipt  Requested  to  Manuel  M.  Vázquez,   1933 
Piccadilly Circus, Naples, Florida 34112-3688.
 

                              FEDERAL COMMUNICATIONS COMMISSION
                         

                              Ralph M. Barlow
                              District   Director,    Enforcement 
Bureau
_________________________

1 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).
2 Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[t]he term `repeated,' when used with reference to the 
commission or omission of any act, means the commission or 
omission of such act more than once or, if such commission or 
omission is continuous, for more than one day.''
3 47 C.F.R. § 1.80(b)(4).
4 47 U.S.C. § 503 (b)(2)(D).
5 47 U.S.C. § 503(b).
6 47 C.F.R. §§ 0.111, 0.311, 1.80.
7 See 47 C.F.R.§ 1.1914.