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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                          )                               
                                                          
     In the Matter of     )   File Number: EB-07-TP-164   
                                                          
     Henry Gaye           )   NAL/Acct. No. 200832700006  
                                                          
     Lake Park, Florida   )   FRN: 0016964439             
                                                          
                          )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: January 9, 2008 

   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 Henry Gaye, apparently willfully and repeatedly 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 Act, that Mr. Gaye is apparently liable for
       forfeiture in the amount of ten thousand dollars ($10,000).

   II. BACKGROUND

    2. On August 7 and 8, 2007, agents from the Commission's Tampa Office of
       the Enforcement Bureau ("Tampa Office") investigated a complaint of an
       unlicensed radio station operating on 100.1 MHz in Stuart, Florida.
       The agents, using direction finding techniques, located transmissions
       on 100.1 MHz to an antenna mounted on a tower in Stuart, Florida. The
       agents 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. A search of the Commission's databases revealed no
       authorization for a broadcast station on that frequency at that
       address.

    3. On August 15, 2007, agents from the Tampa Office were present when the
       Martin County Sheriff's Office executed a search warrant of the
       property identified on August 7 and 8 in Stuart, Florida. The agents
       found an antenna connected to a transmitter located in a locked metal
       box at the base of the tower. Mr. Gaye was at the scene when the
       search warrant was executed and possessed a key that unlocked the
       metal box that contained the transmitting equipment.

    4. On August 15, 2007, agents from the Tampa Office interviewed Mr. Gaye.
       He stated that he owned the transmitting equipment, rented space on
       the tower in Stuart, Florida, and was responsible for the operation of
       the unlicensed radio station. He also stated he used an internet site
       from his office location in Melbourne, Florida to control the
       transmitter remotely. Finally, he admitted that he knew that his
       operation of the station was illegal. 

   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) of the Act 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
       of the Act 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."  Agents from the Tampa
       Office determined that, on August 7 and 8, 2007, an unlicensed radio
       station operated on 100.1 MHz from an antenna located in Stuart,
       Florida. On August 15, 2007, during the execution of a search warrant,
       Mr. Gaye possessed a key to a locked metal box, which housed the
       transmitter, which was connected to the antenna on the tower in
       Stuart, Florida. On August 15, 2007, Mr. Gaye stated that he owned all
       of the transmitting equipment, rented space on the tower in Stuart,
       Florida, and paid for part of the electric bill for the tower.
       Finally, he admitted that he was aware that his operation of an
       unlicensed radio station was illegal. Based on the evidence before us,
       we find Mr. Gaye apparently willfully and repeatedly violated Section
       301 of the Act by operating radio transmission apparatus without a
       license.

    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)(E) 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 of the
       Rules, and the statutory factors to the instant case, we conclude that
       Mr. Gaye 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, Henry Gaye 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, Henry Gaye 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.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above. 
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.  Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   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 Henry Gaye at his address of record.

   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 August 7 and 8, 2007, the measurements indicated that the
   signals were 50,005, and 63,498 times greater, respectively, than the
   maximum permissible level for a non-licensed Part 15 transmitter.

   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.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

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

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       2

   Federal Communications Commission