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

In the Matter of                   )      File Number EB-02-TP-558
Patrick S. Green                   )   NAL/Acct. No.200332700019
2711 2nd Ave., S.E.                )
Naples, Florida                    )        FRN 0008547002

                                        Released:  April 14, 

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find  Patrick S.  Green 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 Patrick S. Green apparently liable for 
the operation  of an FM  broadcast station on  the frequency 
100.5 MHz without Commission authorization.

                         II.  BACKGROUND

     2.   On October 23, 2002,  agents from the Commission's 
Tampa  Field   Office  (``Tampa  Office'')   investigated  a 
complaint  alleging that  an  unlicensed  radio station  was 
transmitting on the  frequency 100.5 MHz in  the Fort Myers, 
Florida  area.  A  search  of Commission  records showed  no 
license issued for 100.5 MHz  in the Fort Myers area.  Using 
a mobile  direction-finding vehicle, the agents  detected an 
FM radio  station operating on  the frequency 100.5  MHz and 
traced the station's  signal to a residence  located at 2830 
Cranford  Avenue, Fort  Myers,  Florida.   A two-section  FM 
broadcast-type antenna was mounted  on a metal pipe attached 
to  a tree in  the front  yard at  the residence.   Based on 
field  strength  measurements taken  by  the  agents of  the 
station's signal, a Commission authorization was required to 
operate  the station.2   Immediately thereafter,  the agents 
conducted  an  inspection  of  the  radio  station.   A  man 
identified as Patrick S. Green answered the door.  Mr. Green 
stated that he was a ``DJ'' and had been operating the radio 
station.   Inside  the residence,  the  agents  found an  FM 
broadcast  transmitter in  operation.   The agents  verbally 
warned  Mr.  Green  about the  unlicensed  radio  operation.  
After  returning  to  their direction-finding  vehicle,  the 
agents confirmed  that the unlicensed station  was no longer 
operating.   Subsequently,  the   Tampa  Office  received  a 
written statement from  the owners of the  residence at 2830 
Cranford Avenue.   The owners  stated that Mr.  Green leased 
and occupied one of the units  of this property and that Mr. 
Green operated a radio station at that location.

                      III.  DISCUSSION

     3.   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 October 23, 2002, Patrick S. 
Green operated radio transmitting equipment on the frequency 
100.5  MHz  without  benefit   of  the  required  Commission 

     4.   Based on the  evidence before us, we  find that on 
October  23,  2002,  Patrick S.  Green  willfully3  violated 
Section  301  of the  Act  by  operating radio  transmission 
apparatus without a license.

     5.   Pursuant to Section 1.80(b)(4)  of the Rules,4 the 
base forfeiture amount for operating a radio station without 
a  Commission authorization  is $10,000.   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.5   Considering the  entire record  and applying 
the  factors  listed above,  this  case  warrants a  $10,000 

                      IV.  ORDERING CLAUSES

     6.   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  Rules,7 Patrick S. Green is  hereby NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section 301  the Act  by operating  a radio  station without 
Commission authorization.

     7.   IT IS  FURTHER ORDERED  THAT, pursuant  to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, Patrick S. Green SHALL  PAY the full amount of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     8.   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. 20554.8

     9.   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. referenced above.  

     10.  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 

     11.  Under the  Small Business Paperwork Relief  Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or  in a separate filing  to be sent to  the Technical & 
Public Safety Division.   Your certification should indicate 
whether   you,  including   your  parent   entity  and   its 
subsidiaries, meet one  of the definitions set  forth in the 
list provided by the FCC's Office of Communications Business 
Opportunities  (OCBO)  set forth  in  Attachment  A of  this 
Notice of Apparent Liability.  This information will be used 
for  tracking purposes  only.  Your  response or  failure to 
respond to this question will  have no effect on your rights 
and  responsibilities  pursuant  to Section  503(b)  of  the 
Communications Act.  If you  have questions regarding any of 
the information  contained in  Attachment A,  please contact 
OCBO at (202) 418-0990.

     12.   IT  IS FURTHER  ORDERED THAT a  copy of  this NAL 
shall  be sent  by regular  mail and  Certified Mail  Return 
Receipt Requested  to Patrick S.  Green, 2711 2nd  Ave., SE, 
Naples, Florida 34117, and an  additional copy to Patrick S. 
Green, 2830 Cranford Avenue, Fort Myers, Florida 33901. 


                         Ralph M. Barlow
                         District Director
                         Tampa  Field   Office,  Enforcement 


1 47 U.S.C.  301.

2 See 47 C.F.R.  15.239.

3 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).

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.

8 See 47 C.F.R.  1.1914.