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

In the Matter of                 )
Odino Joseph                     )       File Number EB-02-TP-300
c/o Noah's Ark Baptist Church    )      NAL/Acct.No. 200232700020
576 11th Street North            )             FRN No.0007-3087-3
Naples, Florida 34102            )


                                        Released:  August 5, 2002

By the Enforcement Bureau, Tampa Office:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find  Odino   Joseph  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 Odino  Joseph 
apparently  liable  for   operating  a   radio  station   without 
Commission authorization.  

                         II.  BACKGROUND

     2.   On  April  22,  2002,  the  FCC's  Tampa  Field  Office 
(``Tampa Office'') received  a complaint from  a Naples,  Florida 
broadcaster regarding an unlicensed FM radio station operating on 
the frequency 104.3 MHz in the Naples area. 

     3.   On May 14, 2002, two agents from the Tampa Office drove 
to the Naples, Florida area to investigate the complaint of 
unlicensed operation on 104.3 MHz.  As the agents approached the 
Naples area they detected an FM radio station operating on 104.3 
MHz.  Using electronic direction finding techniques, the agents 
positively identified the source of the transmissions to be an 
antenna mounted on a tower attached to the back of Suite # 530 in 
a strip mall located at 11th Street North, Naples, Florida.  The 
agents determined that the station exceeded the permissible level 
for a non-licensed low-power radio transmitter by 31,953 times.  
Accordingly, a license was required for operation of this 
station. FCC records show no license has been issued for the 
operation of an FM broadcast station at this location.  Thus the 
station operated in violation of 47 U.S.C.  301.  The agents 
approached Suite # 530 and interviewed a man near the suite.  
This man stated that he subleased Suite # 530 along with a 
``Pastor Odino'' but that it was ``Pastor Odino'' who operated 
the radio station.  This man identified to the agents the 
location of the radio station behind locked doors inside Suite # 
530.  Inside Suite # 530, the agents found a handwritten note 
with the words ``Pasteur Odino'' and a telephone number.  The 
agents observed a van parked in front of the strip mall.  On the 
van were signs with the words ``Noah's Ark Baptist Church'' along 
with an address that identified the location of the church as 
another suite in the same strip mall.  The signs also listed a 
telephone number and the name ``Pastor Odino Joseph'' as the 
church's pastor.  The agents contacted Pastor Odino Joseph at the 
phone number found during the investigation.  During this call, 
Mr. Joseph admitted to the operation of the unlicensed radio 
station on 104.3 MHz and promised to cease operation until a 
license could be obtained.
                        III.  DISCUSSION
     4.   Section 301 of  the Act requires  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, Odino Joseph  operated a radio  station on  the 
frequency 104.3 MHz from 530 11th Street North, Naples,  Florida, 
without benefit of the required Commission authorization.

     5.   Based on the evidence before  us, we find Odino  Joseph 
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   operating   radio 
transmission  apparatus  without  a  license  is  $10,000.3    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.''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  Act5 and  Sections 0.111,  0.311 and  1.80 of  the 
Rules,6  Odino  Joseph  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  of   the 
Communications Act  of  1934,  as amended,  for  operating  radio 
transmitting apparatus without a license.

     8.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Rules, within thirty  days of the release  date of this  NAL, 
Odino Joseph 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 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. 20554.7

     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 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.                                               IT      IS 
FURTHER ORDERED THAT a copy of this NAL shall be sent by  regular 
mail and Certified Mail Return Receipt Requested to Odino  Joseph 
at 576 11th Street North, Naples, Florida 34102.

                               FEDERAL COMMUNICATIONS COMMISSION


                               Ralph M. Barlow
                               District Director, Tampa Office
                               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 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).
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.