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Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File Number EB-00-TP-648
Billy Thomas Alsbrooks ) NAL/Acct. No.200432700004
405 Wymore Road #104 ) FRN 0009880790
Altamonte Springs, Florida 32714 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: December 12, 2003
By the Enforcement Bureau, Tampa Office:
1. In this Notice of Apparent Liability for
Forfeiture (``NAL''), we find Billy Thomas Alsbrooks
(``Mr. Alsbrooks'') 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.
Alsbrooks apparently liable for operating a radio station
on the frequency of 91.3 MHz without Commission
2. On October 24, 2003, two agents from the
Commission's Tampa Field Office operating an FCC direction
finding vehicle in the Orlando, Florida area monitored an
FM radio station operating on 91.3 MHz. Using direction
finding equipment and techniques, the agents determined
the source of the signal to be located at 1025 S. Orange
Blossom Trail, Orlando, Florida. Based on field strength
measurements taken by the agents the station required a
Commission authorization to operate.2 FCC records show no
license issued for an FM broadcast station at that
location or for the frequency of 91.3 MHz in the Orlando,
3. Still on October 24, 2003, the Tampa Field Office
agents attempted to inspect the radio station broadcasting
on 91.3 MHz at 1025 S. Orange Blossom Trail. The station
went off the air as soon as the agents arrived at the
parking lot adjacent to the building. The agents
interviewed four persons coming down the stairwell to the
2nd floor where the radio station's studio is located.
One of the persons identified himself as Billy Thomas
Alsbrooks, 209 W. Grant Avenue Muscle Shoads, AL 35661.
Mr. Alsbrooks also provided a local residence as 405
Wymore Road #104 Altamonte Springs, Florida 32714. During
the interview the agents recognized Mr. Alsbrooks' voice
as the same voice broadcasting on 91.3 MHz immediately
prior to the inspection.
4. 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 24, 2003, Mr. Alsbrooks
operated radio transmitting equipment on the frequency
91.3 MHz without the required Commission authorization.
5. Based on the evidence before us, we find Mr.
Alsbrooks willfully3 violated Section 301 of the Act by
operating a radio transmission apparatus without a
6. 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 Communications Act of 1934, as amended
(``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
IV. ORDERING CLAUSES
7. 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 Billy Thomas Alsbrooks 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 of the Act by operating radio
transmitting equipment on the frequency 91.3 MHz without
benefit of the required Commission authorization.
8. IT IS FURTHER ORDERED THAT, pursuant to Section
1.80 of the Rules, within thirty days of the release date
of this NAL, Billy Thomas Alsbrooks SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the
9. 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
10. 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, Spectrum Enforcement Division and MUST
INCLUDE THE NAL/Acct. No. referenced above.
11. 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
12. 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 Spectrum Enforcement 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.
13. IT IS FURTHER ORDERED THAT a copy of this
NAL shall be sent by regular mail and Certified Mail
Return Receipt Requested to Billy Thomas Alsbrooks, 405
Wymore Road #104, Altamonte Springs, FL 32714.
FEDERAL COMMUNICATIONS COMMISSION
Ralph M. Barlow
Tampa Field Office, Enforcement
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 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.