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

In the Matter of                 )
Homere Hyppolite                 )                           File 
4843 Devon Circle                )            Number EB-02-TP-276                          
Naples, Florida 34112            )       NAL/Acct.No.200232700017
                                )                            F-
                                ) RN 0007-3085-13


                                        Released:  July 15, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find  that  Homere  Hyppolite  willfully  violated 
Section 301  of  the  Communications  Act  of  1934,  as  amended 
(``Act'').1  On  May 14,  2002, Mr. Homere  Hyppolite operated  a 
radio station  on  the  frequency  99.7  MHz  without  Commission 
authorization. We conclude  that Homere  Hyppolite is  apparently 
liable for  forfeiture  in the  amount  of ten  thousand  dollars 

                         II.  BACKGROUND

     2.   On  May  14,  2002,  in  response  to  a  complaint  of 
interference caused  by  an  alleged  unlicensed  radio  station, 
agents from the Commission's Tampa Field Office observed FM radio 
broadcasts on the frequency 99.7 MHz in the Naples, Florida area.  
Commission records showed no authorization for this operation  in 
Naples, Florida. Using  electronic direction finding  techniques, 
the agents positively identified the source of the  transmissions 
to be a residence located at 4843 Devon Circle, Naples,  Florida.  
The agents observed an antenna mounted on a pole in a tree behind 
the residence.  Based on field strength measurements taken by the 
agents of the station's signal,  this station required a  license 
to operate.

     3.  Still  on  May  14, 2002,  the  agents  interviewed  the 
occupant of the residence at 4843 Devon Circle, Naples,  Florida, 
at the  front door  of the  residence.  The  occupant  identified 
himself as Homere Hyppolite.  Mr. Hyppolite admitted that he  had 
been operating  the unlicensed  station prior  to the  interview.  
County  property  records  show  that  Mr.  Hyppolite  owned  the 
property at that address.

                        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  May  14,  2002,  Homere  Hyppolite  operated  radio 
transmitting equipment on the frequency 99.7 MHz without  benefit 
of the required Commission authorization.

     5.   Based on the  evidence before us, we  find that on  May 
14, 2002, Homere Hyppolite willfully2 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 
Communications Act of 1934, as amended (``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  Act 5 and  Sections 0.111, 0.311  and 1.80 of  the 
Commission's Rules,6 Homere Hyppolite  is hereby NOTIFIED of  his 
APPARENT LIABILITY 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.

     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,  Homere Hyppolite  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 

     12.  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. 20554.7 

     13.  IT IS FURTHER ORDERED THAT a copy of this NAL shall  be 
sent by regular mail and Certified Mail Return Receipt  Requested 
to Homere Hyppolite at 4843 Devon Circle, Naples, Florida 34112.

                              FEDERAL COMMUNICATIONS COMMISSION


                              Ralph M. Barlow
                              District   Director,    Enforcement 

2 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 
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.