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

In the Matter of                )       
Alan-Leonard Brockway           )       File No. EB-01-ST-040
Kalispell, Montana              )       NAL/Acct.             No. 



                                        Released:  March 23, 2001 

By the District Director, Seattle Office, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
("NAL"), we  find  that  Alan-Leonard  Brockway,  has  apparently 
violated  Section  301   of  the  Communications   Act  of   1934 
(``Act'')1,  as  amended,  by   operating  an  unlicensed   radio 
transmitter on  frequency 101.9  MHz and  Section 303(n)  of  the 
Act,2 by failing to  allow inspection of  his radio station.   We 
conclude that Alan-Leonard  Brockway is apparently  liable for  a 
forfeiture in the amount of seventeen thousand dollars ($17,000).

                         II.  BACKGROUND

     2.   On January 12, 2001, the Commission's Seattle  District 
Office received a  complaint from  a resident  in the  Kalispell, 
Montana area, asserting  that a  radio station  was operating  an 
unauthorized radio transmitter on the frequency of 101.9 MHz.

     3.   On January  23, 2001,  Commission agents  conducted  an 
investigation in  the Kalispell,  Montana  area and  located  the 
source of unauthorized radio transmissions  on 101.9 MHz at  5663 
Highway 35,  Kalispell, Montana.   Commission agents  interviewed 
Alan-Leonard  Brockway  at  his   residence,  5663  Highway   35, 
concerning  the  unlicensed   operation.   Mr.  Brockway   freely 
admitted to operating an unlicensed station on 101.9 MHz.   After 
the interview,  Commission  agents hand-delivered  an  Unlicensed 
Warning Letter to Mr. Brockway.  The agents requested to  inspect 
the  radio  station,  and  Mr.  Brockway  refused  and  continued 
transmitting on 101.9 MHz.  Field strength measurements  revealed 
that Mr. Brockway's radio emission exceeded the level allowed for 
non-licensed operation under Sections 15.209(a) and 15.239(b)  of 
the Rules.3  The  measured field  strength  at the  edge  of  the 
property was 1,084mV/m,  or over  130 times that  expected for  a 
legally operating Part 15 device  capable of producing a  maximum 
field of 250mV/m at 3 meters from the device.

     4.   On January  25,  2001, Commission  agents  returned  to 

Kalispell, Montana, monitored,  observed continuing  transmission 

on 101.9 MHz and located the source of the radio transmissions at 

Mr. Brockway's  residence at  5663  Highway 35.   Field  strength 

measurements indicated that the operation was at the same  signal 

level as observed on January 23, 2001.

                      III.      DISCUSSION

     5.   Section 301 of  the Act  sets forth  generally that  no 

person shall use or operate any apparatus for the transmission of 

energy or communications  or signals by  radio within the  United 

States except under  and in accordance  with the Act  and with  a 

license.4 Section 303(n) of the  Act sets forth the  Commission's 

authority to  inspect  all radio  installations  associated  with 

stations required to be licensed by, or subject to the provisions 

of, any Act, in  order to ascertain whether  they conform to  the 

provisions of any Act.5

     6.   Based on  the  evidence  before us,  we  find  that  on 

January 23  and 25,  2001, Alan-Leonard  Brockway operated  radio 

transmission apparatus  without  a  Commission  authorization  in 

repeated6 and willful7 violation  of Section 301  of the Act  and 

willfully violated Section 303(n) of the Act by refusing to allow 

an inspection of his radio station upon reasonable request by  an 

authorized Commission representative.

     7.   The  Commission's  Forfeiture   Policy  Statement   and 

Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 

Forfeiture Guidelines (``Forfeiture Policy Statement''), set  the 

base forfeiture amounts of  $10,000 for unlicensed operation  and 

$7,000  for  failure  to  allow  inspection.8  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(s), 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.9  Applying   the 

Forfeiture Policy Statement and statutory factors to the  instant 

case, a $17,000 forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     8.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 

503(b) of the  Act10 and Sections  0.111, 0.311 and  1.80 of  the 

Rules11, Alan-Leonard Brockway is hereby NOTIFIED of his APPARENT 

LIABILITY FOR A  FORFEITURE in the  amount of seventeen  thousand 

dollars ($17,000) for willfully and repeatedly violating  Section 

301 of the Act and Section 303(n) of the Act.

     9.   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,  Alan-Leonard Brockway  SHALL 

PAY the full amount  of the proposed forfeiture  or SHALL FILE  a 

written  statement  seeking  reduction  or  cancellation  of  the 

proposed forfeiture.

     10.  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. 200132980001.

     11.  Any response  to this  NAL must  be mailed  to  Federal 

Communications  Commission,  Enforcement  Bureau,  Technical  and 

Public Safety Division, 445  12th Street, S.W., Washington,  D.C. 

20554 and MUST INCLUDE THE NAL/Acct. No. 200132980001.

     12.  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 


     13.  Requests for payment of the full amount of this  Notice 

of Apparent Liability  under an installment  plan should be  sent 

to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 

Street, S.W., Washington, D.C. 20554.12

     14.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 

APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 

Requested  to  Alan-Leonard  Brockway,   c/o  5663  Highway   35, 

Kalispell, Montana, (59937).

                                FEDERAL            COMMUNICATIONS 


                                Dennis J. Anderson
                                District Director
                                Seattle Office    

1 47 U.S.C.  301.
2 47 U.S.C.  303(n).
3 47 C.F.R.  15.209(a), 15.239(b).
4 47 U.S.C.  301
5 47 U.S.C.  303(n)
6 Section 312(f)(2) of the Act, 47 U.S.C.  312(f)(2), which 
applies 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.''
7 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which 
applies 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).
8 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).
9 47 U.S.C.  503(b)(2)(D). 
1047 U.S.C. .  503(b). 
11 47 C.F.R.  0.111, 0.311, 1.80.
12 See 47 C.F.R.  1.1914.