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

In the Matter of                   )      File Number EB-03-TP-403
Jason T. Green                     )     NAL/Acct. No.200432700007
8650 Saddlebrook Circle #6201      )
Naples, Florida                    )               FRN 00010102747

                                 Released:  February 4, 2004

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''), we find Jason T. Green (``Mr. Green'') 
apparently  liable  for  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.  Green  apparently 
liable for the  operation of an FM broadcast  station on the 
frequency 91.9 MHz without Commission authorization.

                          II. BACKGROUND

     2.   On  September   10,  2003,  the   FCC  Enforcement 
Bureau's  Tampa Field  Office  received a  complaint from  a 
broadcast  licensee alleging  that  a  pirate radio  station 
operated on  91.9 MHz  was causing  interference in  the Ft. 
Myers, Florida area.  

     3.   On  September  24, 2003,  using  direction-finding 
techniques, two  Tampa Field Office agents  confirmed that a 
radio broadcast  station operated on the  frequency 91.9 MHz 
from a residential  duplex located at 2334  Dora Street, Ft. 
Myers, Florida.  Based on  field strength measurements taken 
by the agents of the  station's signal, the station required 
a Commission authorization to operate.2  FCC license records 
showed no license issued for an FM broadcast station at that 
location or  for the  frequency 91.9 MHz  in the  Ft. Myers, 
Florida area.  

     4.   Still  on  September  24, 2003,  the  Tampa  Field 
Office agents  inspected the  radio station  broadcasting on 
91.9 MHz  at 2334  Dora Street in  Ft. Myers,  Florida.  The 
agents found an FM transmitter in operation on the frequency 
91.9  MHz  inside  the   residence.   The  occupant  of  the 
residence, Jason T. Green, admitted to operating the station 
without an  FCC license and  was given a warning  letter for 
unlicensed radio operation. 

                      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  September  24, 2003,  Mr.  Green 
operated radio transmitting equipment  on the frequency 91.9 
MHz without the required Commission authorization.  

     6.   Based on the  evidence before us, we  find that on 
September 24,  2003, Mr.  Green willfully3  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,4 the 
base forfeiture amount for operating a radio station 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

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 Jason T.  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  radio   transmitting  equipment  on  the 
frequency  91.9   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,  Jason T. Green SHALL  PAY the full amount  of the 
proposed  forfeiture  or  SHALL  FILE  a  written  statement 
seeking   reduction   or   cancellation  of   the   proposed 

     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. and FRN 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  documentation 

     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 Jason T. Green, 8650 Saddlebrook Circle 
#6201, Ft.  Myers, Florida 33127.  An  additional copy shall 
be sent  by regular mail  and Certified Mail  Return Receipt 
Requested to Jason  T. Green, 2711 2nd  Avenue S.E., Naples, 
Florida 34117.


                         Ralph M. Barlow
                         District Director
                         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 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.