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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of ) File Number: EB-09-TP-0007
Anthony F. Davis ) NAL/Acct. No.: 200932700005
Winter Haven, Florida ) FRN: 0019003409
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: August 3, 2009
By the District Director, Tampa Office, South Central Region, Enforcement
Bureau:
I. INTRODUCTION
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Anthony F. Davis, apparently willfully and repeatedly violated
Section 301 of the Communications Act of 1934, as amended ("Act"), by
operating an unlicensed radio transmitter on 87.9 MHz in Winter Haven,
Florida. We conclude, pursuant to Section 503(b) of the Act, that Mr.
Davis is apparently liable for a forfeiture in the amount of ten
thousand dollars ($10,000).
II. BACKGROUND
2. On January 24, 2009, agents from the Commission's Tampa Office of the
Enforcement Bureau ("Tampa Office"), in response to a complaint of
interference to the audio reception of television Channel 6, WKMG,
Orlando, Florida, used direction finding techniques to locate
unidentified broadcast transmissions on 87.9 MHz emanating from Mr.
Davis' residence in Winter Haven, 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. According to FCC
records, neither Mr. Davis, nor any other person or entity, holds an
authorization to broadcast on that frequency from that location.
3. On February 2, 2009, in response to additional complaints of
interference to the audio reception of channel 6, WKMG, agents from
the Tampa Office, using direction finding techniques, again located
the source of unidentified broadcast transmissions on 87.9 MHz to Mr.
Davis' residence in Winter Haven, Florida. The agents took field
strength measurements and determined that the signals being broadcast
exceeded the limits for operation under Part 15 of the Rules and
therefore required a license. According to FCC records, neither Mr.
Davis, nor any other person or entity, holds an authorization to
broadcast on that frequency from that location.
4. On February 11, 2009, agents from the Tampa Office observed that the
unlicensed radio station was broadcasting at 87.9 MHz from Mr. Davis'
residence. Also, on February 11, 2009, as part of a state
investigation, Mr. Davis admitted to the Polk County Deputy Sheriffs
that on occasion he had operated a radio station, which did not have a
license, from his residence on 87.9 MHz. Mr. Davis further admitted
that he knew he was not supposed to be operating 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. On January 24, and
February 2, and February 11, 2009, agents from the Tampa Office
observed an unlicensed radio station operating on 87.9 MHz from Mr.
Davis' residence in Winter Haven, Florida. Mr. Davis also admitted to
Polk County Deputy Sheriffs that on occasion he had operated the radio
station, which did not have a license, from his residence and that he
knew he was not supposed to be operating the station. Based on the
evidence before us, we find Mr. Davis apparently willfully and
repeatedly violated Section 301 of the Act by operating radio
transmission apparatus without a license on 87.9 MHz from his
residence.
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 operating a radio station 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 violations, and
with respect to the violator, the degree of culpability, and 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. Davis 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,
0.314 and 1.80 of the Commission's Rules, Anthony F. Davis 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, Anthony F. Davis 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 credit card, check or
similar instrument, payable to the order of the Federal Communications
Commission. The payment must include the Account Number and the FRN
Number referenced above. Payment by check or money order may be mailed
to Federal Communications Commission. P.O. BOX 979088, St. Louis, MO
63197-9000. Payment by overnight mail may be sent to U.S. Bank -
Government Lockbox #979088, SL-MO-C2-GL,1005 Convention Plaza, St.
Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank Federal Reserve Bank of New York, and
account number 27000001. For payment by credit card, an FCC from 159
(Remittance Advice) must be submitted. When completing the FCC Form
159, enter the NAL/Account number in block number 23A (call sign/other
ID), and enter the letters "FORF" in block number 24A (payment type
code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer-Financial Operations, 445 12th
Street, S.W., Room 1-A625, Washington D.C. 20554. If you have
questions, please contact the Financial Operations Group Help Desk at
1-877-480-3201 or Email: ARINQUIRIES@fcc.gov. If payment is made, Mr.
Davis will send electronic notification on the date said payment is
made to SCR-Response@fcc.gov.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Tampa Office,
2203 N Lois Avenue, 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. 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 Anthony F. Davis at his address of
record.
FEDERAL COMMUNICATIONS COMMISSION
Ralph Barlow
District Director,
Tampa Office
Southeast 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
30-88 MHz band is permitted only if the field strength of the transmission
does not exceed 100 mV/m at three meters. 47 C.F.R. S: 15.239. The
measurements made on January 24, 2009, indicated that the signal was
37,432 times greater than the maximum permissible level for a non-licensed
Part 15 transmitter.
Section 15.239 of the Rules provides that non-licensed broadcasting in the
30-88 MHz band is permitted only if the field strength of the transmission
does not exceed 100 mV/m at three meters. 47 C.F.R. S: 15.239. The
measurements made on February 2, 2009, indicated that the signal was
18,420 times greater 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."
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: 301, 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80.
(...continued from previous page)
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Federal Communications Commission
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Federal Communications Commission