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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
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: April 14,
By the Enforcement Bureau, Tampa Office:
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.
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.
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
this APPARENT LIABILITY FOR A FORFEITURE in the amount of
ten thousand dollars ($10,000) for willful violation of
Section 301 the Act by operating a radio station without
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.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
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.