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

In the Matter of                   )      File Number EB-03-TP-187
Annetta Lovelock Enterprises Inc.  )     NAL/Acct. No.200332700024
DBA Rum Runner Caribbean           )
Restaurant & Lounge                )                FRN 0008837809
6444 W. Colonial Drive             )
Orlando, Florida


                                      Released: May 20, 2003

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

         1.    In  this  Notice  of Apparent  Liability  for 
    Forfeiture   (``NAL''),   we   find   Annetta   Lovelock 
    Enterprises Inc. DBA  Rum Runner Caribbean  Restaurant & 
    Lounge (``Lovelock'') 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 Lovelock  apparently liable  for operating  a radio 
    station on  the  frequency 95.9  MHz without  Commission 

                         II.  BACKGROUND

         2.    On  October 30,  2002,  two  agents from  the 
    Commission's Tampa Field Office working  in the Orlando, 
    Florida area observed  an FM radio station  operating on 
    95.9 MHz.   Using  radio direction  finding, the  agents 
    determined that  the station  was broadcasting  from the 
    Rum Runner Caribbean Restaurant &  Lounge in The Village 
    West Shopping Center,  6444 W. Colonial  Drive, Orlando, 
    Florida.  The agents took field strength measurements of 
    the station's  signal  and determined  that the  station 
    required a  license to  operate.2     The  FCC's records 
    show that no  license has been issued  for the operation 
    of an FM broadcast station at this location on 95.9 MHz.

         3.    Still on  October 30,  2002, the  Tampa Field 
    Office agents  inspected the radio  station broadcasting 
    on 95.9  MHz at  the Rum  Runner Caribbean  Restaurant & 
    Lounge.   The agents  interviewed  Steven  J. Burke  who 
    identified himself  as  the manager  of  the Rum  Runner 
    Caribbean Restaurant  &  Lounge.  Mr.  Burke produced  a 
    business card listing  Mr. Burke  as the manager  of the 
    business  and  Annetta  Lovelock  as  the  owner.   When 
    questioned about  the radio station,  Mr. Burke  led the 
    agents to  a  room inside  the  business and  introduced 
    Everald Oliver Brown to the agents  as the ``DJ'' on the 
    air that night.  Mr. Burke stated that the radio station 
    had been  located there  for about  the last  two weeks.  
    The  agents  issued  a  warning   for  unlicensed  radio 
    operation to Mr. Burke.  Mr.  Burke instructed Mr. Brown 
    to deactivate the radio transmitter.

         4.    A subsequent check  of Orange County, Florida 
    Occupational Licensing  Department  records showed  that 
    Annetta Lovelock holds the Occupational License assigned 
    to the Rum Runner Caribbean  Restaurant & Lounge.  Also, 
    the State  of  Florida corporation  records showed  that 
    Annetta Lovelock Enterprises Inc. uses the business name 
    ``Rum Runner Caribbean Restaurant & Lounge.''  The state 
    corporation records  showed Annetta  Lovelock holds  the 
    position of  President of  Annetta Lovelock  Enterprises 
    Inc. with  a principal address  of 6444  Colonial Drive, 
    Orlando, Florida.

                      III.  DISCUSSION

         5.    Section  301  of  the Act  requires  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 
    30, 2002, Lovelock operated radio transmitting equipment 
    at its business,  the Rum Runner Caribbean  Restaurant & 
    Lounge, on the  frequency 95.9 MHz without  the required 
    Commission authorization.

         6.    Based  on the  evidence  before  us, we  find 
    Lovelock willfully3 violated  Section 301 of the  Act by 
    operating  radio   transmission   apparatus  without   a 

         7.    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

         8.    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 Lovelock is  hereby NOTIFIED of 
    of ten thousand dollars ($10,000)  for willful violation 
    of  Section   301  of  the   Act  for   operating  radio 
    transmitting equipment  without the  required Commission 

         9.    IT  IS  FURTHER  ORDERED  THAT,  pursuant  to 
    Section 1.80  of the  Rules, within  thirty days  of the 
    release date of  this NAL,  Lovelock 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. 20554.8

         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 

         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 Annetta Lovelock Enterprises 
    Inc. DBA Rum Runner Caribbean  Restaurant & Lounge, 1595 
    Glenhaven Circle,  Ocoee,  FL 34761;  and an  additional 
    copy to Annetta Lovelock Enterprises Inc. DBA Rum Runner 
    Caribbean Restaurant &  Lounge, 6444 W.  Colonial Drive, 
    Orlando, FL, 32818.   


                         Ralph M. Barlow
                         Tampa  Field   Office,  Enforcement 

1 47 U.S.C.  301.

2 Section 15.239(b) of the Commission's Rules, 47 C.F.R.  
15.239(b), provides that non-licensed broadcasting in the 
88-108 MHz band is permitted only if the field strength of 
the transmissions does not exceed 250 V/m at three meters.  
Measurements showed that the field strength of the station's 
signal exceeded the permissible level for a non-licensed 
low-power radio transmitter by 10,462 times.

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.