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

In the Matter of                   )      File Number EB-02-TP-650
Daniel Clephar                     )     NAL/Acct. No.200332700020
4816 Tam Drive                     )
Orlando, Florida                   )                FRN 0008369522


                                    Released: April 14, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture   (``NAL''),  we   find  Daniel   Clephar  (``Mr. 
Clephar'') 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 Mr.  Clephar apparently 
liable for  operating a  radio station  on the  frequency of 
92.7   MHz   in    Orlando,   Florida   without   Commission 

                         II.  BACKGROUND

     2.   On  December   6,  2002,   two  agents   from  the 
Commission's Tampa  Field Office,  using a  mobile direction 
finding vehicle in the Orlando, Florida area, detected an FM 
radio  station operating  on  92.7 MHz.   The  voice on  the 
broadcast  identified the  station as  ``Radio Maximo.''   A 
search of  Commission records  showed that  there was  no FM 
radio station licensed  on 92.7 MHz in  the Orlando, Florida 
area.   The  agents  traced  the  station's  signal  to  the 
residence at  4816 Tam Drive, Orlando,  Florida.  An antenna 
was mounted on a pole attached to a tree in the back yard of 
the residence.  The agents determined through field strength 
measurements  that the  station's field  strength was  5,599 
times greater than the  permissible level for a non-licensed 
low-power  radio  transmitter2   and  that,  therefore,  the 
station   required  a   license  to   operate.   Immediately 
thereafter,  while the  station  continued  to operate,  the 
agents  inspected the  radio station.   A man  identified as 
Daniel  Clephar answered  the  door of  the residence.   Mr. 
Clephar led the agents through  the residence to the garage.  
Coaxial  cable connected  to the  antenna in  the back  yard 
entered  the garage  and was  connected to  an FM  broadcast 
transmitter located inside the  garage.  The transmitter was 
tuned  to 92.7  MHz.   The agents  recognized Mr.  Clephar's 
voice as the same one they heard identify the station on the 
air as  ``Radio Maximo.''  A  search of Florida  Division of 
Corporations records showed a corporation  by the name ``D & 
C  Construction and  Stucco of  Orlando, Inc.''  with Daniel 
Clephar as the officer/director and 4816 Tam Drive, Orlando, 
Florida, as the corporation's principal address.

                      III.  DISCUSSION

     3.   Section  301 of  the Act  provides 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 December  6, 2002,  Daniel Clephar 
operated radio transmitting equipment  on the frequency 92.7 
MHz without the required Commission authorization.

     4.   Based  on  the evidence  before  us,  we find  Mr. 
Clephar  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 operation without  an instrument 
of authorization  for the service 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 forfeiture.

                      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  Daniel Clephar  is hereby  NOTIFIED of 
ten  thousand dollars  ($10,000)  for  willful violation  of 
Section  301  of the  Act  by  operating radio  transmitting 
equipment on the  frequency 92.7 MHz without  benefit of the 
required 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,  Daniel Clephar 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  Daniel   Clephar,  4816  Tam  Drive, 
Orlando, FL, 32808.


                         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 to violations for which forfeitures are assessed 
under 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 4387-88 

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.