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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-03-TP-035
)
Donald Donovan Jackson ) NAL/Acct. No.200332700023
1418 27th Ave South )
St. Petersburg, Florida ) FRN 0008909301
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: May 14,
2003
By the Enforcement Bureau, Tampa Office:
I. INTRODUCTION
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Donald Donovan Jackson
apparently liable for forfeiture in the amount of twenty
thousand dollars ($20,000) for willful and repeated
violation of Section 301 of the Communications Act of 1934,
as amended (``Act'').1 Specifically, we find Donald Donovan
Jackson apparently liable for the operation of an FM
broadcast station on the frequency 102.1 MHz without
Commission authorization.
II. BACKGROUND
2. On November 8, 2002, the FCC Enforcement Bureau's
Tampa Field Office (``Tampa Office'') received a complaint
alleging that a pirate radio station operated on 102.1 MHz
in the St. Petersburg, Florida area. A search of Commission
records showed no FM radio station licensed on 102.1 MHz in
the St. Petersburg, Florida area.
3. On November 23, 2002, agents from the Tampa Office
investigated the complaint and, using direction-finding
techniques, determined that a radio broadcast station
operated on the frequency 102.1 MHz from a commercial office
building located at 21 9th Street South, Suite #200-D, St.
Petersburg, Florida. A ground plane antenna was mounted on
a telescoping mast attached to the center of the roof.
Based on field strength measurements taken by the agents of
the station's signal, the station required a Commission
authorization to operate.2 Subsequently, the agents
interviewed the owner of the office building who stated that
Donald Jackson operated the radio station and provided a
copy of a lease agreement showing Donald D. Jackson leased
office space in Suite #200-D of the building.
4. On January 15, 2003, agents from the Tampa Office
again observed a radio broadcast station operating on 102.1
MHz in the St. Petersburg, Florida area. The agents, using
direction-finding techniques, determined again that the
station operated from the commercial office building located
at 21 9th Street South, Suite #200-D, St. Petersburg,
Florida. The agents located and interviewed Donald Donovan
Jackson, the lessee of Suite #200-D, and conducted an
inspection of the radio station. One of the agents
recognized Mr. Jackson from a prior investigation in April
2002, as the operator of an unlicensed radio station on the
same frequency, 102.1 MHz, operating from a nearby location.
At that time, Mr. Jackson received a warning letter for
operating an unlicensed radio station on 102.1 MHz. Mr.
Jackson stated that he paid the rent of the office suite at
21 9th Street South, Suite #200-D in St. Petersburg,
Florida. Mr. Jackson also stated that he used the same FM
radio transmitter at the current location as he had used at
the previous unlicensed radio station in April 2002. Mr.
Jackson stated that after the previous unlicensed radio
station was shut down, he received an outcry from the
community for Caribbean programming which prompted him to
reactivate the radio station at this location. The agents
observed that the radio transmitter and equipment rack
appeared to be the same as at the prior unlicensed radio
station operated by Mr. Jackson in April 2002. The agents
traced a coaxial cable from the transmitter and out to the
roof mounted antenna. Mr. Jackson explained that the
transmitter operated by a timer and demonstrated how he
delivered audio programming to the transmitter via a
personal computer. Mr. Jackson shut down the station per the
agents' request.
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 of communications or signals by radio
within the United States except under and in accordance with
the Act and with a license. On November 23, 2002 and
January 15, 2003, Mr. Donald Donovan Jackson operated radio
transmitting equipment on the frequency 102.1 MHz without
benefit of the required Commission authorization.
6. Based on the evidence before us, we find that on
November 23, 2002 and January 15, 2003, Donald Donovan
Jackson willfully3 and repeatedly4 violated Section 301 of
the Act by operating radio transmission apparatus without a
license.
7. Pursuant to Section 1.80(b) (4) of the Rules,5 the
base forfeiture amount for operating a radio station without
a Commission authorization is $10,000 per violation. 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.6 Considering the entire
record and applying the factors listed above, this case
warrants a $20,000 forfeiture based on Mr. Jackson's history
of prior offenses and repeated violations after official
warning.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED THAT, pursuant to
Section 503(b) of the Act,7 and Sections 0.111, 0.311 and
1.80 of the Rules,8 Donald Donovan Jackson is hereby
NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in the
amount of twenty thousand dollars ($20,000) for willful and
repeated violation of Section 301 the Act by operating a
radio station without Commission authorization.
9. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date of
this NAL, Donald Donovan Jackson 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. 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. 20554.9
11. 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.
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
submitted.
13. 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.
14. IT IS FURTHER ORDERED THAT a copy of this NAL
shall be sent by regular mail and Certified Mail Return
Receipt Requested to Donald Donovan Jackson, 1418 27th
Avenue South, St. Petersburg, Florida 33705; and an
additional copy to Donald Donovan Jackson, POB 14046, St.
Petersburg, FL 33733-4046.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
District Director
Tampa Field Office, Enforcement
Bureau
Attachment
_________________________
1 47 U.S.C. § 301.
2 See 47 C.F.R. § 15.239(b).
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 Section 312(f)(2), which also applies to Section 503(b),
provides: [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.
5 47 C.F.R. § 1.80(b)(4).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b).
8 47 C.F.R. §§ 0.111, 0.311, 1.80.
9 See 47 C.F.R. § 1.1914.