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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554
In the Matter of                  )
                                 )
Samuel E. Dacres                  )      File Number EB-04-AT-127
                                 )
Stone Mountain, GA                )      NAL/Acct.No.200532480001
                                 )
                                 )                                                  
                                          FRN: 0012556692 



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                 Released: February 25, 2005

By  the District  Director,  Atlanta  Office, South  Central 
Region, Enforcement Bureau:

I.  INTRODUCTION

        1.     In this Notice of Apparent Liability for 
          Forfeiture (``NAL''), we find Samuel E. Dacres 
          apparently liable for a forfeiture in the amount 
          of ten thousand dollars ($10,000) for willful and 
          repeated violation of Section 301 of the 
          Communications Act of 1934, as amended (``Act'').1  
          Specifically, we find Mr. Dacres apparently liable 
          for operating an FM radio transmitter without a 
          license.

II.  BACKGROUND

        2.     On August 5, 2004, an agent in the 
          Commission's Atlanta Field Office of the 
          Enforcement Bureau (``Atlanta Office'') received a 
          complaint regarding an unidentified station 
          operating on 101.1 MHz in Stone Mountain, Georgia.  
          On August 5 and 9, 2004, agents from the Atlanta 
          Office detected signals on 101.1 MHz and, using 
          mobile direction-finding techniques determined the 
          source of these signals to be 5567 Memorial Drive, 
          Suite G, Stone Mountain, Georgia.  The agents 
          observed an antenna affixed to the top of the 
          building directly above Suite G, which is leased 
          by Sam E. Dacres.  Based on field-strength 
          measurements of the signal taken by the agents on 
          August 9, 2004, the station required a Commission 
          authorization to operate.2  Because FCC records 
          showed that no license has been issued for the 
          operation of an FM broadcast station at this 
          location, the agents hand-delivered an unlicensed 
          warning letter to the station on August 9, 2004 
          and mailed an unlicensed warning letter to Mr. 
          Dacres at the station on August 11, 2004.  On 
          August 12, 2004, the Atlanta Office received a 
          return receipt from the August 11, 2004 letter 
          signed by Mr. Dacres.

        3.     On September 27, 2004, Mr. Dacres admitted 
          that he was the owner of the transmitter located 
          at 5567 Memorial Drive, Suite G, Stone Mountain, 
          Georgia.  The agents orally warned Mr. Dacres of 
          the consequences of unlicensed operation of an FM 
          broadcast station.  Agents repeated their oral 
          warnings to Mr. Dacres on November 8 and December 
          8, 2004.  On December 8, 2004, Mr. Dacres again 
          admitted that he operated the radio station 
          without a license.  He also stated he was aware 
          that he was in violation of the Commission's 
          Rules.  

        4.     On December 14, 2004 and January 4, 2005, 
          agents from the Atlanta Office again detected 
          transmissions on 101.1 MHz and, using mobile 
          direction-finding techniques, determined the 
          source of these signals to be 5567 Memorial Drive, 
          Suite G, Stone Mountain, Georgia.  Based on field-
          strength measurements of the signal taken by the 
          agents on January 4, 2005, the station required a 
          Commission authorization to operate.3  Another 
          unlicensed warning letter was posted on the door 
          of the station on January 4, 2005.
  
III.  DISCUSSION

        5.     Section 301 of the Act states 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 granted under the provisions of the Act.  
          Agents from the Atlanta Office positively 
          identified the source of an FM signal transmitting 
          on 101.1 MHz on August 5, 2004, August 9, 2004, 
          December 14, 2004, and January 4, 2005 as 5567 
          Memorial Drive, Suite G, Stone Mountain, Georgia.  
          Agents conducted field strength measurements of 
          the signals on August 9, 2004 and January 4, 2005 
          and determined the station exceeded the legal 
          limit for an allowable low power non-licensed 
          transmitter.  Therefore, a license was required 
          for operation of this station.  No licenses have 
          been issued for an FM or LPFM station on 101.1 MHz 
          in the Stone Mountain or Atlanta areas.  Mr. 
          Dacres is the only person leasing 5567 Memorial 
          Drive, Suite G.  Mr. Dacres admitted to operating 
          the radio station without a license and 
          acknowledged that he was in violation of the 
          Commission's Rules.  Furthermore, Mr.Dacres has 
          been warned orally and in writing of the possible 
          penalties for unlicensed operation of the station 
          on several occasions.    

        6.     Based on the evidence before us, we find that 
          Samuel E. Dacres willfully3 and repeatedly4 
          violated Section 301 of the Act by operating an FM 
          radio transmitter without a license.

        7.      Pursuant to Section 1.80(b)(4) the Rules, 
          the base forfeiture amount for operation without 
          an instrument of authorization is $10,000.5  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,6 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.''  Considering the 
          entire record and applying the statutory 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 Communications Act of 1934, 
          as amended,7 and Sections 0.111, 0.311 and 1.80 of 
          the Commission's Rules,8 Samuel E. Dacres is 
          hereby NOTIFIED of this APPARENT LIABILITY FOR A 
          FORFEITURE in the amount of ten thousand dollars 
          ($10,000) for willful and repeated violation of 
          Section 301 of the Communications Act of 1934, as 
          amended, by operating an FM radio transmitter 
          without a license. 

        9.     IT IS FURTHER ORDERED that, pursuant to 
          Section 1.80 of the Commission's Rules,10 within 
          thirty days of the release date of this NAL, 
          Samuel E. Dacres 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. Payment b check or money order may be 
          mailed to the Forfeiture Collection Section, 
          Finance Branch, Federal Communications Commission, 
          P.O. Box 73482, Chicago, Illinois 60673-7482.  
          Payment by overnight mail may be sent to 
          BankOne/LB 73482, 525 West Monroe, 8th Floor 
          Mailroom, Chicago, IL 60661.  Payment by wire 
          transfer may be made to ABA Number 071000013, 
          receiving bank Bank One, and account number 
          1165259.  The payment should note the NAL/Acct. 
          No. [ ], and FRN [ ], referenced in the letterhead 
          above. Requests for payment of the full amount of 
          this NAL under an installment plan should be sent 
          to: Federal Communications Commission, Chief, 
          Revenue and Receivable Operations Group, 445 12th 
          street, SW, Washington, D.C.  20554.

        11.    The response, if any, must be mailed to 
          Federal Communications Commission, Enforcement 
          Bureau, South Central Region, Atlanta Office, 3575 
          Koger Blvd., Suite 320, Duluth, Georgia 30096 
          within thirty days of the release date of this NAL 
          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.    IT IS FURTHER ORDERED that a copy of this NAL 
          shall be sent by regular and Certified Mail Return 
          Receipt Requested to Samuel E. Dacres at his 
          address of record.


                         FEDERAL COMMUNICATIONS COMMISSION
                         




                         Fred L. Broce
                         District Director
                         Atlanta Office
                         South Central Region               
Enforcement Bureau
_________________________

147 U.S.C.  301 
2Section 15.239 of the Commission's Rules, 47 C.F.R.  
15.239, 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.
3Section 312(f)(1) of the Act, 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).
3Section 312(f)(1) of the Act, 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).
4Section 312(f)(2) of the Act, U.S.C.  312(f)(2), which 
applies equally to Section 503(b) of the Act, provides that 
``[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.''
547 C.F.R.  1.80.
647 U.S.C.  503(b)(2)(D).
747 U.S.C.  503(b).
847 C.F.R.  0.111, 0.311, 1.80.
1047 C.F.R.  1.80.