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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                           )                               
                                                           
     In the Matter of      )    File Number: EB-05-TP-161  
                                                           
     Adam Troy Venters     )   NAL/Acct. No. 200632700005  
                                                           
     Okeechobee, Florida   )               FRN 0009331471  
                                                           
                           )                               



                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: July 7, 2006

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Adam Troy Venters ("Venters"), apparently willfully violated
       Section 301 of the Communications Act of 1934, as amended ("Act"), by
       operating an unlicensed radio transmitter. We conclude, pursuant to
       Section 503(b) of the Communications Act of 1934, as amended ("Act"),
       that Venters is apparently liable for forfeiture in the amount of ten
       thousand dollars ($10,000).

   II. BACKGROUND

    2. On July 7, 2005, the Enforcement Bureau's Tampa Office received
       information concerning an unauthorized broadcast station operating on
       100.9 MHz in Okeechobee, Florida. A search of the Commission's
       databases revealed no authorization for a broadcast station on that
       frequency in that area.

    3. On July 12, 2005, agents from the Tampa Office monitored broadcast
       transmissions on 100.9 MHz in Okeechobee, Florida. The agents, using
       direction finding techniques, located the transmissions to a structure
       behind a residence in Okeechobee. The agent took field strength
       measurements and determined that the signals being broadcast exceeded
       the limits for operation under Part 15 of the Commission's Rules
       ("Rules") and therefore required a license.

    4. On September 1, 2005, the Tampa Office received information from the
       Okeechobee County Sheriff's Office regarding the Sheriff's Office
       investigation of the unlicensed radio station operating on 100.9 MHz
       in Okeechobee. The detective investigating the case was acquainted
       with Venters. The detective monitored the broadcasts on 100.9 MHz and
       heard a disc jockey talking whose voice sounded similar to Venters.
       The detective interviewed a witness who lived next door to the
       property where the unlicensed radio station was located. This witness
       stated he had met a man that worked in the shed behind the residence
       and knew him as "Adam Vent." The witness stated that "Adam Vent" had
       asked to borrow a ladder to erect an antenna in the yard. The
       detective showed the witness a photograph of Venters and the witness
       identified the photograph as the same person he knew as "Adam Vent."
       Another witness interviewed by the detective, the owner of an
       electronics shop, stated that Adam Venters had approached him and sold
       him advertising time on a radio station. This witness stated that
       Venters would call him so he could listen on the unlicensed station
       when the advertisement was broadcast. The witness provided a cancelled
       check made payable to "Adam T. Venters." The detective interviewed a
       third witness who operates a night club and employs Venters at the
       night club. This third witness stated that Venters had provided
       advertising for the night club on a radio station at no cost. This
       witness provided a telephone number for Venters that was the same
       number the detective had heard the disc jockey broadcast on the radio
       station. The detective's report stated that a search warrant was
       served on July 13, 2005 on the residence and the shed containing the
       unlicensed station. The detective stated that Venters called the
       Sheriff's Office and left a message for the detective with a contact
       telephone number that was the same as the one broadcast by the disc
       jockey. The detective stated that he conducted a non-custodial
       interview with Venters on July 15, 2005. The detective stated that in
       that interview Venters admitted to operating the radio station,
       stating that he worked for the true owner of the station whom he
       identified only with a nickname, that he (Venters) had been involved
       in the operation of the station from its beginning, and that he
       (Venters) collected money from advertisers and artists to play their
       material on the radio station.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    6. Section 301 of the Act requires that no person shall use or operate
       any apparatus for the transmission of energy or communications or
       signals by radio within the United States except under and in
       accordance with the Act and with a license. In particular, Section 301
       states that "[n]o person shall use or operate any apparatus for the
       transmission of energy or communications or signals by radio (a) from
       one place in any State, Territory, or possession of the United States
       or in the District of Columbia to another place in the same State,
       Territory, possession, or District;  . . . except under and in
       accordance with this chapter and with a license in that behalf granted
       under the provisions of this chapter."  Commission agents determined
       that, on July 12, 2005, an unlicensed radio station operated on 100.9
       MHz from a location used by Venters. Several witnesses provided
       information that showed Venters was involved with operating the radio
       station. Venters admitted to operating the radio station. Based on the
       evidence before us, we find Venters apparently willfully violated
       Section 301 of the Act by operating radio transmission apparatus
       without a license on 100.9 MHz in Okeechobee, Florida, on July 12,
       2005.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement") and Section 1.80 of the Rules, the
       base forfeiture amount for operation without an instrument of
       authorization 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. Applying the Forfeiture Policy Statement, Section 1.80, and
       the statutory factors to the instant case, we conclude that Venters is
       apparently liable for 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, and Sections 0.111, 0.311 and
       1.80 of the Commission's Rules, Adam Troy Venters is hereby NOTIFIED
       of this APPARENT LIABILITY FOR A FORFEITURE in the amount of ten
       thousand dollars ($10,000) for violations of Section 301 of the Act.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Adam Troy Venters 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 must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.\001 The
       payment must include the NAL/Acct. No. and FRN No. referenced
       above.\001 Payment by\001check or money order may be mailed to Federal
       Communications Commission, P.O. Box\001358340,\001Pittsburgh, PA
       15251-8340.\001 Payment by overnight mail may be sent to\001Mellon
       Bank\001/LB\001358340,\001500 Ross Street, Room 1540670, Pittsburgh,
       PA 15251.\001\001Payment by wire transfer may be made to ABA
       Number\001043000261, receiving bank\001Mellon Bank, and account
       number\001911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Tampa Field
       Office, 2203 N. Lois Ave., Room 1215, Tampa, Florida 33607, and must
       include the NAL/Acct. No. referenced in the caption.

   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. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director - Financial Operations, Room 1A625, 445
       12th Street, S.W., Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
   for Forfeiture shall be sent by Certified Mail, Return Receipt Requested,
   and regular mail, to Adam Troy Venters, Okeechobee, Florida.

   FEDERAL COMMUNICATIONS COMMISSION

   Ralph M. Barlow

   District Director

   Tampa Field Office

   South Central Region

   Enforcement Bureau

   47 U.S.C. S 301.

   47 U.S.C. S 503(b).

   Section 15.239 of the Rules provides that non-licensed broadcasting in the
   88-108 MHz band is permitted only if the field strength of the
   transmission does not exceed 250 mV/m at three meters. 47 C.F.R. S 15.239.
   On July 12, 2005, the measurements indicated that the signal was 632 times
   greater than the maximum permissible level for a non-licensed Part 15
   transmitter. Devices compliant with Part 15 typically have a range of less
   than one mile.

   Section 312(f)(1) of the Act, 47 U.S.C. S 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 or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S 312(f)(2), which also applies to
   violations for which forfeitures are assessed under 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."

   47 U.S.C. S 301.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

   47 U.S.C. S 503(b)(2)(D).

   47 U.S.C. S 503(b); 47 C.F.R. SS 0.111, 0.311, 1.80; 47 U.S.C. S 301.

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

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   Federal Communications Commission