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

In the Matter of                   )      File Number EB-03-TP-110
Gary M. Feldman                    )     NAL/Acct. No.200432700008
5500 N.W. 4th Avenue               )               FRN 00010018281
Miami, Florida                     )

                                 Released:  February 4, 2004

By the Enforcement Bureau, Tampa Office:

                         I.  INTRODUCTION

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture  (``NAL''),  we  find   Gary  M.  Feldman  (``Mr. 
Feldman'') 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.  Feldman apparently 
liable for the  operation of an FM broadcast  station on the 
frequency 91.9 MHz without Commission authorization.

                          II. BACKGROUND

     2.   On March 5, 2003,  agents from the FCC Enforcement 
Bureau's  Tampa Field  Office received  information alleging 
that an unlicensed radio station operated on 91.9 MHz in the 
Ft. Myers, Florida area.  

     3.   Using  direction-finding   techniques,  two  Tampa 
Field  Office  agents  determined  that  a  radio  broadcast 
station operated on the frequency 91.9 MHz from a commercial 
business  located at  2243  Cleveland Avenue,  Suite A,  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 March  5, 2003,  the Tampa  Field Office 
agents inspected the radio  station broadcasting on 91.9 MHz 
at 2243  Cleveland Avenue, Suite  A, in Ft.  Myers, Florida.  
The  agents found  an  FM broadcast  transmitter inside  the 
suite.  The operator, Gary M. Feldman, admitted to operating 
the station without  an FCC license and was  given a warning 
letter for  unlicensed radio operation. Mr.  Feldman was the 
only person present at the  studio.  Mr. Feldman stated that 
he  had been on  the air  from this  location for  about two 
weeks and that  he was operating the station  to promote his 
DJ services at the local nightclubs.

                      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  March 5, 2003, Mr. Feldman 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 
March 5,  2003, Mr. Feldman 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 Gary M. Feldman 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, Gary  M. Feldman 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 Gary M.  Feldman, 5500 N.W. 4th Avenue, 
Miami, Florida 33127.  

                         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.